POSEY COUNTY ZONING ORDINANCE 02-22-93

AN ORDINANCE FOR THE DEVELOPMENT THROUGH ZONING OF THE AREA WITHIN THE JURISDICTION OF THE AREA PLAN COMMISSION OF POSEY COUNTY.

POSEY COUNTY AREA PLAN COMMISSION 2010 MEMBERS Mark Seib Larry Williams Jon Neufelder Barry Tanner Nancy Hoehn Jim Alsop Ron Fallowfield Gerald Parkinson Steve Morlock Mindy Bourne, Executive Director Becky Vincent, Administrative Assistant Be it ordained by the Board of Commissioners of Posey County, Indiana. Under authority of Chapter 138, Acts of 1957 as Amended, of the General Assembly of the State of Indiana. (IC- 36-7-4).

THE ZONING ORDINANCE OF POSEY COUNTY, INDIANA

Ordinance No. 02-22-93 AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR POSEY COUNTY, INDIANA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 138, INDIANA ACTS OF 1957, AS AMENDED, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Chapter 138, Article V, Indiana Acts of 1957, as amended, empowers the county to enact a zoning ordinance and to provide for its administration, enforcement, and amendments, and WHEREAS, the Area Plan Commission, the County Commissioners of Posey County, Indiana, deem it necessary for the purpose of promoting the health, safety, convenience, and general welfare of the community to enact such an ordinance, and WHEREAS, pursuant to the provisions of Chapter 138, Article VII, Indiana Acts of 1957, as amended, a Board of Zoning Appeals has created to recommend and to carry out its powers and duties as described under Section 77, Article VII, Chapter 138, Indiana Acts of 1957, as amended, and WHEREAS, the Area Plan Commission has divided all areas of the county into districts and has prepared regulations pertaining to such districts in accordance with an adopted County comprehensive plan designed to lessen congestion in public streets to secure safety from fire, flood, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements, and WHEREAS, the Area Plan Commission has given reasonable consideration, among other things, to the present character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and lands and encouraging the most appropriate use of land throughout the county and WHEREAS, the Area Plan Commission has made studies and held public hearings thereon, pursuant to law, and submitted its final report to the county, and WHEREAS, the Area Plan Commission has given due public notices of hearings (pursuant said Chapter 138) relating to zoning districts, regulations, and restrictions, and has held such public hearings, and

WHEREAS, all requirements of Chapter 138, Indiana Acts of 1957, as amended, with regard to the preparation of the report of the Area Plan Commission and the subsequent action necessary to enact this ordinance by the County have been met. WHEREAS, the Board of Commissioners of Posey County has paid reasonable regard to the comprehensive plan, current conditions and the character of current structures and uses in each district is adapted, the conservation of property values throughout the County, and responsible development and growth. NOW, THEREFORE, BE IT ENACTED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF POSEY, INDIANA AS FOLLOWS:

TABLE OF CONTENTS Chapter 1 - INTENT 1.01 Intent, Purpose, and Methods 1.02 Short Title 1.03 Violations and Penalties 1.04 Severance Clause 1.05 Repeal 1.06 Interpretation, Purpose, and Conflict 1.07 Complaints Regarding Violation 1.08 Attorney's Fees 1.09 Cost on Appeal Chapter 2 - DEFINITIONS 2.01 General 2.02 Terms Defined Chapter 3 - GENERAL PROVISIONS 3.01 Interpretation 3.02 Scope of Regulations 3.03 Unplatted Land 3.04 Platting of Unplatted Land 3.05 Replatting Land 3.06 Street Frontage Required 3.07 Exceptions to Yard Requirements 3.08 Fences, Walls, and Hedges 3.09 Accessory Uses and Structures 3.10 Exception from Height Requirements 3.11 Commercial Uses in Conjunction with Motels, Hotels, or Office Buildings 3.12 Transitional Use 3.13 Air Space Control 3.14 Exemption of Agricultural Uses Chapter 4 - CONTINUANCE OF NONCONFORMING STRUCTURE OR USE 4.01 Nonconforming Structures 4.02 Nonconforming Uses 4.03 Discontinued Nonconforming Use 4.04 Nonconforming Variance Permitted by Board of Zoning Appeals 4.05 Nonconforming Mobile Home Court Chapter 5 - KINDS OF DISTRICTS: ESTABLISHMENT 5.01 Posey County is Hereby Divided into the Following Districts 5.02 Zoning Maps 5.03 Boundaries of Districts

5.04 Flood Prone Area District 5.05 Agricultural District Amendment Chapter 6 - SPECIAL USES: SPECIFIED DISTRICTS 6.01 Requirements 6.02 All Districts 6.03 Agricultural - "A" District 6.04 Conditions and Limitations 6.05 Cellular Telephone/Personal Communication Services Towers & Facilities Chapter 7 - "A" AGRICULTURAL DISTRICT 7.01 Purpose and Intent - "A" District 7.02 Use Regulations - "A" District 7.03 Minimum Lot Area 7.04 Yards 7.05 Height 7.06 Minimum Floor Area 7.07 Exception of Agricultural Uses 7.08 Sales of Agricultural Land Chapter 8 - RESIDENTIAL DISTRICTS Single Family Residential R-1 Districts 8.01 Use Regulations - R-1 District 8.02 Area 8.03 Yards 8.04 Height 8.05 Lot Coverage 8.06 Minimum Floor Area

One and Two Family Residential - R-2 District 8.07 Use Regulations - R-2 District 8.08 Area 8.09 Yards 8.10 Heights 8.11 Lot Coverage 8.12 Minimum Floor Area Multi-Family Residential - R-3 District 8.13 Use Regulations - R-3 District 8.14 Area 8.15 Yards 8.16 Height 8.17 Lot Coverage 8.18 Minimum Floor Area

Chapter 9 - PLANNED UNIT DEVELOPMENT - PUD DISTRICT 9.01 Purpose 9.02 Development 9.03 Location 9.04 Submission of Plans 9.05 Plan Review 9.06 Use 9.07 Criteria 9.08 Utilities Chapter 10 - MOBILE HOME PARK RMH DISTRICT 10.01 Intent of District 10.02 Purpose of Standards 10.03 Use Regulations 10.04 Limitation on Uses 10.05 Approval of Mobile Home Park 10.06 Preliminary Site Plan 10.07 Approval of the Preliminary Site Plan 10.08 Approval of Final Site Plan 10.09 Area 10.10 Yards 10.11 Pad and Skirting 10.12 Landscaping 10.13 Lot Markers 10.14 Off-Street Parking 10.15 Storage 10.16 Water and Sewage 10.17 Utilities 10.18 Common Walks 10.19 Street 10.20 Grading and Drainage 10.21 Signs 10.22 Illumination of Parks 10.23 Fire Protection 10.24 Trash and Refuse Storage 10.25 Location of Buildings and Structures with Mobile Parks 10.26 Abandonment and Expiration Chapter 11 - RESIDENTIAL OFFICE / R-O DISTRICT 11.01 Use Regulations - R-O District 11.02 Area 11.03 Yards 11.04 Height Chapter 12 - COMMERCIAL DISTRICTS

Neighborhood Commercial - B-1 District 12.01 Use Regulations - B-1 District 12.02 Limitation on Uses 12.03 Area 12.04 Yards 12.05 Height 12.05A Approval of Development Plans 12.06 Purpose of District 12.07 Use Regulations - B-1A District 12.08 Limitations on Uses 12.09 Approval of Development Plans 12.10 Height Central Business - B-2 District 12.11 Use Regulations - B-2 District 12.12 Limitations on Uses 12.13 Area 12.14 Yards 12.15 Height 12.15A Approval of Development Plans General Commercial - B-3 Districts 12.16 Use Regulations - B-3 District 12.17 Limitation on Uses 12.18 Area 12.19 Yards 12.20 Height 12.21 Approval of Development Plans Chapter 13 - INDUSTRIAL Light Industrial - M-1 District 13.01 Use Regulations - M-1 District 13.02 Area 13.03 Yards 13.04 Height 13.05 Lot Coverage 13.05A Approval of Development Plans Heavy Industrial - M-2 District 13.06 Use Regulations - M-2 District 13.07 Special Uses

13.08 Area 13.09 Yards 13.10 Height 13.11 Lot Coverage 13.12 Limitation of Uses 13.13 Approval of Development Plans Chapter 14 - FLOOD HAZARD AREAS FOR POSEY COUNTY, INDIANA 14.01 Statutory Authorization 14.02 Statement of Purpose 14.03 Definitions 14.04 Duties of the Administrator 14.05 Regulatory Flood Elevation 14.06 Improvement Location Permit 14.07 Preventing Increased Damages 14.08 Protecting Buildings 14.09 Other Development Requirements 14.10 Variances 14.11 Disclaimer of Liability 14.12 Violations 14.13 Abrogation and Greater Restrictions 14.14 Separability 14.15 Effective Date Chapter 15 - SIGNS 15.01 Purpose 15.02 Definitions 15.03 General Provisions 15.04 Permit Required 15.05 Signs Permitted in R-1 and R-2 Districts 15.06 Signs Permitted in R-3, PUD, and R-O Districts 15.07 Signs Permitted in B-1, B-2, and B-3 Districts and with a Conditional Use in the Agricultural District 15.08 Signs Permitted in B-1A, Planned Shopping Center District 15.09 Signs Permitted in M-1 and M-2 Districts 15.10 Conditional Use Chapter 16 - ADMINISTRATION AND ENFORCEMENT 16.01 Improvement Location Permit 16.02 Building Under Construction 16.03 Fees 16.04 Petitions 16.05 Form of Petition for Rezoning 16.06 Ordinance Form of Rezoning 16.07 Notice Posting 16.08 Sign

16.09 Rezoning 16.10 Conditional or Special Use Chapter 17 - OFF-STREET PARKING AND LOADING 17.01 Existing Off-Street Parking and Loading 17.02 Parking Prohibited 17.03 Location of Accessory Off-Street Parking 17.04 Improvements 17.05 Parking Requirements 17.06 Off-Street Loading and Unloading Requirements Chapter 18 - BOARD OF ZONING APPEALS 18.01 Establishment: Membership: Term: 18.02 Powers of the Board of Zoning Appeals 18.03 Grant of Variances 18.04 Time Limit 18.05 Application for Variance 18.06 Notice Posting 18.07 Sign

Chapter 1

INTENT 1.01 INTENT, PURPOSE, AND METHODS 1.02 SHORT TITLE 1.03 VIOLATIONS AND PENALTIES 1.04 SEVERANCE CLAUSE 1.05 REPEAL 1.06 INTERPRETATION, PURPOSE, AND CONFLICT 1.07 COMPLAINTS REGARDING VIOLATION 1.08 ATTORNEY'S FEES 1.09 COST ON APPEAL 1.01 INTENT, PURPOSE, AND METHODS: Expanding urbanization within the county has created many new problems involving transportation, drainage, sewage, land use, water, schools, and recreation. Therefore, it is the objective of this Ordinance to encourage, promote, and cooperative improve the health, safety, convenience, and welfare of the citizens to plan for the future development of the county and these communities, to the end that highway systems be more carefully planned, that the county and these communities grow only with the adequate street, utilities, health, educational and recreational needs. This Zoning Districts; to the end that there may be adequate light, air, convenience of access and safety from fire, flood and other danger; regulates and limits the height, area, bulk, and floor space of structures and the area surrounding structures; provides for a more uniformly land use pattern and tax assessment base; facilitates adequate provisions that lessen congestion, disorder and danger which inhere is unregulated development; prevents overcrowding of land and undue concentration of population and provides more reasonable and serviceable means and methods of protecting and safeguarding the economic structure upon which the good of all depends. 1.02 SHORT TITLE: This Ordinance may be cited as the "Comprehensive Zoning Ordinance of Posey County", "Comprehensive Zoning Ordinance". 1.03 VIOLATIONS AND PENALTIES Any person, firm or corporation, or anyone acting in behalf thereof, who shall violate or fail to comply with any of the provisions of this Ordinance shall be subject to prosecution by the County Prosecutor. The prosecuting attorney shall act promptly when requested. Any person, firm or corporation, or anyone acting in behalf thereof, who shall violate or fail to comply with any of the provisions of this Ordinance shall be fined not less than twenty-five dollars ($25.00) and not more than five-hundred dollars ($500.00). Each day that violation is permitted to exist shall constitute a separate offense. The Area Plan Commission attorney shall, immediately upon any such violation having been called to his/her attention, institute injunction,

abate or remove such violation. Such action may also be instituted by any property owner who may also be especially damaged by any violation of this Ordinance. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. 1.04 SEVERANCE CLAUSE If any Section, Clause, provision, or portion of this Ordinance shall be held invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other Section, Clause, Provisions or Portion of the Ordinance. 1.05 REPEAL All Ordinance or parts of Ordinance in conflict are hereby repealed. 1.06 INTERPRETATION, PURPOSE, AND CONFLICT In interpreting and applying the provisions of this Ordinance, they shall be held to be a minimum requirement for the promotion of the health, safety, morals and general welfare of the community. It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants, or agreements between parties, provided, however, that where the regulations of this Ordinance are more restrictive than regulations on the same point, as contained in any other law, Ordinance or Restrictions by deed or subdivision in "R" (Residential) Districts, the provisions of this Ordinance shall govern. 1.07 COMPLAINTS REGARDING VIOLATION Any person may file a complaint whenever a violation of this ordinance occurs, or is alleged to have occurred. Such complaint shall be filed in writing with the Area Plan Commission and shall state fully the causes and basis of the complaint. The Area Plan Commission shall record such complaint properly, immediately investigate and take action thereon as provided by this ordinance. 1.08 ATTORNEY'S FEES Not withstanding anything contained in this Ordinance to the contrary or appearing to be contrary, and in addition and supplementary to other provisions of this Ordinance, if the Board of Zoning Appeals, Area Plan Commission, or the County Commissioners is required to utilize the services of the County Attorney or any other attorney in investigating a possible violation of this Ordinance or enforcing the provisions of this Ordinance pursuant to any section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if the Board of Zoning Appeals or County is successful in its enforcement of the Ordinance by way of suit, appeal or other appropriate proceeding, the respondent, defendant or party investigated for a violation shall pay the County's reasonable attorney fees and all cost related to the investigation of the violation and/or the enforcement of this Ordinance, unless such attorney fees or cost are specifically waived by the County Commissioners, Board of Zoning Appeals, or Area Plan Commission. 1.09 COST ON APPEAL As to any appeal from a decision of the Board of Zoning Appeals or Area Plan Commission, cost may not be allowed against the Board or Commission unless it appears to the court that the Board or Commission

acted with gross negligence or in bad faith in making the decision brought up for review.

Chapter 2

DEFINITIONS 2.01 GENERAL 2.02 TERMS DEFINED 2.01 GENERAL: For the purpose of this Ordinance, the following words and phrases are defined as follows: "City" shall mean the participating City or Towns; "Board" shall mean the Board of Zoning Appeals of the Posey County Area Plan Commission. Words used in the present tense include the future, the singular includes the plural and the plural the singular, and the word "Lot" includes the word "Plot". The word "Used" includes "Designed or Intended to be Used." 2.02 TERMS DEFINED: Accessory Building:

A subordinate building that is located on the same lot as a principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or the principal use of the land. Where an accessory building is attached to the principal building in a substantial manner as by roof, breezeway or support, such accessory building shall be counted as part of the principal building. Pole Barns, hay sheds and similar structures permitted in Agricultural Districts, even though it constitutes the sole structure on a lot.

Agricultural:

An area used for agricultural operations including truck gardening, forestry, the raising of crops horticulture or raising of livestock, domestic animals and poultry or the processing of farm products or similar use, but shall not include a slaughterhouse.

Agricultural Building:

A building or structure utilized for the conduct of farming operations and agricultural purposes, this shall not include a dwelling unit.

Alley:

A public right-of-way, other than a street, road, cross-walk, or easement, that provides secondary access of the abutting properties.

Apartment Building: A building or combination apartment and commercial building which is used as a residence for three (3) or more families; an individual, or a group of individuals living in separate dwelling units.

Apartment Complex:

A single apartment or group of interrelated apartment buildings with common courts and recreational facilities.

Automobile Repair, Major:

General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service,

including body, frame, or fender repair; overall painting. Automobile Repair, Minor:

Upholstering, incidental repairs, replacement of parts, and motor service to automobiles and trucks not exceeding one and one-half (1½) tons capacity, but excluding any operation specified under "Automobile Repair, Major".

Automobile Service Station:

The retail sales of motor fuels and the supplying of goods and services generally required for the operation and maintenance of automobile vehicles, but excluding major automobile repair.

Basement:

A story of a building, the greater part of which is below the grade level. A basement in a multi-family dwelling, if not occupied for living purposes by other than the janitor and his family, shall not be included as a story for the purpose of height measurements.

Bed and Breakfasts, Homestay:

A small establishment, having one (1) to three (3) bedrooms for rent to transients as an activity which is subordinate and incidental to the main residential use of the building. These are generally treated as tourist homes.

Block:

Property enclosed by public highways, streets, streams, railroad right-of-way, etc., or a combination thereof.

Block Frontage:

All the property fronting on one side of the street intersection or intercepting streets, or between a street and right-of-way, and end of dead-end streets.

Board of Health:

The Posey County Board of Health.

Boarding House: A building, not available to transients, in which meals are regularly provided for compensation for not less than three (3) persons.

Building:

Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property.

Building Area:

The maximum horizontal projected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one (1) story high, and architectural features that project no more than two (2) feet.

Building, Detached:

A building having no structural connection with another building.

Building Line: The line that establishes that minimum permitted distance on a lot between the front line of a building or structure and the street right-of-way.

Building, Principal:

A building in which is conducted the principal use of the building site on which it is situated.

Business or Commercial: The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise, or services; the maintenance for profit of offices or recreational and amusement enterprises.

Child Care, In Home:

Dwelling unit used to house and provide supervision and care for four (4) or less children, other than those children residing in the dwelling, on a daily basis. Five (5) to ten (10) children may be cared for in the home if the resident obtains a special exception and maintains continuous State Licensing.

Children's Nursery:

Facility other than a dwelling unit used to provide supervision and care for children on a daily basis Clinic:

Establishments in which patients are admitted for medical or dental study or treatment (not lodged overnight) and in which the services of at least two (2) physicians, dentist or chiropractors (the practice of which is licensed by the State of Indiana) are provided.

Club, Private:

Pertains to and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit, but the term shall not include casinos, night clubs, or other institutions operated as a business.

Common Area:

An area of open space designed for joint use of tenants or owners of adjacent property.

District: For the purpose of this Ordinance, and to obtain uniform regulations and requirements or combination thereof, includes Zone and Zoning Districts.

Dwelling:

A building or portion thereof, used primarily as a place of abode, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, lodging, or boarding houses.

Educational Institute:

Public or private institution which offers instruction in any of the branches of learning and study compatible to that taught in public schools under the Indiana School Laws; including pre-primary, primary or elementary schools, junior and senior high schools, colleges or universities; not operated for profit. This definition shall not be deemed to include trade or business schools as defined in this Section.

Enforcing Official:

The Planning Director, Zoning Administrator or other nominated officers and employees of the Area Plan Commission of Posey County.

Family:

Any number of people related by blood, marriage, or adoption living together as a single housekeeping unit.

Floor Area:

The area of all floors computed by measuring from the exterior faces of the exterior walls or from the center of party walls separating two (2) buildings.

Floor Area, Minimum:

The minimum allowable floor area for a specified unit.

Flood Prone Area: Any area adjoining a river, stream, or lake which has been or may hereafter be covered by flood water and which are not adequately protected from flooding by means of dikes, levees, reservoirs, or other such flood control structures. (Flood areas are determined from the flood maps furnished by the Department of Housing and Urban Development, Federal Insurance Administration, and filed in the Area Plan Commission Office.

Foundation (Permanent): Any structural system for transporting loads from a structure to the earth at depth below the established front line without exceeding the safe bearing capacity of the supporting soils.

Front Yard:

The horizontal distance from the front lot line to the nearest building wall.

Garage, Private: An accessory building or portion of a main building used primarily for the parking of private passenger vehicles by the occupant of the main building.

Garage, Public: A garage other than a private garage whose services are available to members of the public for a fee.

Height: The vertical distance from the average contact ground level of the building to the highest point of the copying of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridges for gable hip or gable roof.

Home Occupation:1*

An occupation, profession, or trade customarily carried on by occupants of a dwelling unit as a secondary use. The secondary use, which is clearly incidental to the principal use of the dwelling unit, means uses specifically conducted entirely within a dwelling or accessory building and carried on by an occupant thereof, and which are clearly incidental and secondary to the use of the dwelling for the dwelling purposes and does not change the character thereof. Home occupation may also include any such use approved as a special use per section 6.02 of the Posey County Zoning Ordinance 02-22-93.

Hospital: A building or institution for the reception of the sick or injured in which they are given medical or surgical care.

Hotel-Motel: A building or structure that provides lodging and usually entertainment, meals, and various personal services open to the general public.

Junk Yard: A parcel of land where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding approved sanitary landfills.

Kennel: Any lot or premises on which four (4) or more dogs, cats or other domestic animals are boarded for compensation or kept for sale.

Legislative Body:

The Board of County Commissioners of Posey County. Lodging House:

A building with more than two (2) guest rooms where lodging with or without meals is provided for compensation.

Lot: A parcel of land defined by metes and bounds and recorded on the records of the Recorder of Deeds of Posey County, Indiana, or on a recorded plat or contract sales, fronting on a street. In determining lot area and boundary lines, no part thereof within the limits of the street shall be included.

1 Amendment approved by the Posey County Commissioners June 7, 1999. Book 0070, Page 456.

*Amendment approved by the Posey County Commissioners January 5, 2010 Instrument # 201000074

Lot Coverage: The percentage of the lot area that is represented by the building area.

Lot, Corner:

A lot abutting upon two (2) or more streets at their intersection. For the purpose of this Ordinance, the front lot line is the shorter of any two (2) adjacent street lot lines.

Mineral Extraction:

(a) strip or shaft mining or quarrying or (b) removal of earth materials.

Mobile Manufactured Home:

A vehicle, transportable structure designed to serve as a dwelling unit when parked, or as a place of business as manufactured and larger than 500 square feet, designed to be used year-round. With or without a permanent foundation when attached to the required utilities. Being not more than sixteen (16) feet in width. The term manufactured home does not include a “recreational vehicle”.*

Mobile Home Park:

An area of land on which two (2) or more mobile homes are regularly accommodated with or without charge, including any building or other structure, fixture, or equipment that is used or intended to be used in providing that accommodation.

Modular or Manufactured Home:

A dwelling unit fabricated in an offsite manufacturing facility for installation and assembly at the building site and having a minimum width of twenty-three (23) feet wide and placed on a completely enclosed permanent foundation, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council.

Non-Conforming Building:

A building or structure or portion thereof, lawfully existing at the time a provision of this Ordinance was adopted, which was designated, erected, or structurally altered in such a manner that the building or structure does not meet the provisions of this Ordinance.

Non-Conforming Use:

A use lawfully existing at the time a provision of this Ordinance was adopted which does not comply with the use regulations of the district in which it is located.

Off-premise Business (Storage of equipment)2

Storage of equipment used in off-premise commercial enterprises. Storage and maintenance of vehicles, tools, inert materials, and/or mechanical, electrical, or similar equipment, hereinafter “items to be stored,” provided that such items to be stored are used in the applicant’s commercial enterprise, and said use of the items to be stored is conducted solely off the premises upon which the special use has been applied.

2 Amendment approved by the Posey County Commissioners June 7, 1999. Book 0070, Page 456. * Amendment approved by the Posey County Commissioners April 1, 2002. Instrument 20022304.

All such vehicles, tools, inert materials, and/or mechanical, electrical, or similar equipment shall be completely inside an appropriately constructed building, or completely inside an appropriately constructed, fully-opaque fence made in a workman-like fashion. Unless otherwise approved by the Area Plan Commission or Board of Zoning Appeals, the height, materials, design and location of the fence shall meet all requirements of the district in which the fence is located.

Parking Area, Public:

A permanently surfaced area for the parking of vehicles by the public as accommodation to clients or customers, whether for compensation or not. Streets or other public ways shall not be used for off-street parking requirements as may be required by this Ordinance.

Public Camp Ground:

Area of land used or designated to be used to accommodate two (2) or more camp sites, including cabins, tents, travel trailers, or other camping outfits, and other recreational facilities open to the general public for a fee.

Recreation, Private Non-Commercial:

Recreation facilities operated by a non-profit organization and open only to members.

Sanitary Landfill: Land used for placing of garbage and rubbish in a specially prepared trench or its equivalent, utilizing principles of engineering to confine the refuse to the smallest practical area, and to cover it with a compacted layer of suitable cover material at the conclusion of each day and at more frequent intervals as necessary, (subject to the Indiana State Health Department requirements).

Set-Back:

The minimum distance between the street right-of-way line and the building or structure, excluding projections specifically permitted.

Sign:

A visual device or structure used for advertising, display, or publicity purposes. Story:

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless the height of the surface of the first floor above the average elevation of the finished lot grade at the front of the building exceeds four (4) feet.

Street:

A public way established by or maintained under public authority and established within a dedicated right-of-way to provide the principal means of access to abutting property.

Structure:

Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a location on or in the ground.

Structural Change:

A substantial change, or repair, excluding normal and usual repair, in a supporting member of a building, such as a bearing wall or partition, column, beam or girder, or in an exterior wall or the roof which creates additional ground floor area.

Trade or Business School:

Any secretarial or business school or college, when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable, or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hair dressing, or drafting or for teaching industrial or technical arts.

Travel Trailer, Camp Trailer:

A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation, having a body width not exceeding eight (8) feet and body length does not exceed thirty-five (35) feet. It may be a canvas folding structure, self-propelled, or mounted on a pick-up.

Use, Open:

The use of a lot or tract without a building, or a use for which a building with a floor area not larger than five percent (5%) of the lot or tract area is only incidental.

Yard:

A space on the same lot with a principal building that is open, unoccupied, and unobstructed by buildings, or structures, from the ground to the sky, except as otherwise authorized by this Ordinance.

Yard, Front:

A yard extending across the full width of the lot. (See definition of “Set-back”). Yard, Rear:

A yard extending across the full width of the lot, the depth of which shall be the least distance between the rear lot line and the rear of the principal building.

Yard, Side:

A yard, between the principal building and the side lot line, extending from the front yard of front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured from the nearest point of the side line to the nearest point of the principal or accessory building.

Yard Barn(s)*:

A structure, whether constructed on-site or off site, not exceeding two hundred (200) square feet used or intended to be used for the storage of personal items.

* Amendment approved by the Posey County Commissioners April 1, 2002. Instrument 20022304.

Chapter 3

GENERAL PROVISIONS 3.01 INTERPRETATION 3.02 SCOPE OF REGULATIONS 3.03 UNPLATTED LAND 3.04 PLATTING OF UNPLATTED LAND 3.05 REPLATTING LAND 3.06 STREET FRONTAGE REQUIRED 3.07 EXCEPTIONS TO YARD REQUIREMENTS 3.08 FENCES, WALLS, AND HEDGES 3.09 ACCESSORY USES AND STRUCTURES 3.10 EXCEPTION FROM HEIGHT REQUIREMENTS 3.11 COMMERCIAL USES IN CONJUNCTION WITH MOTELS, HOTELS, OR OFFICE BUILDINGS 3.12 TRANSITIONAL USE 3.13 AIR SPACE CONTROL 3.14 EXEMPTION OF AGRICULTURAL USES 3.01 INTERPRETATION: 1. Wherever the provisions of any other statute, local ordinance, or any other law, impose more

stringent requirements, regulations, restrictions, or limitations than are required in this Ordinance, the provisions of such statute, local ordinance or any other law shall govern.

2. This Ordinance is not intended to abrogate any easement, covenant, or any private agreement,

provided that where the regulations of this Ordinance are more restrictive or impose higher standards of requirements than such easements, covenants or other private agreements, the requirements of this Ordinance shall govern.

3.02 SCOPE OF REGULATIONS:

No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered, except in conformity with regulations of this Ordinance.

3.03 UNPLATTED LAND:

1. No permit shall be issued to any person, firm or corporation to erect, have constructed, or cause to be erected or constructed, any building or structure on any unplatted land within Posey County.

2. A permit may be issued for one (1) single family dwelling and accessory buildings on such

unplatted land established by metes and bounds. However, a request for a permit upon any other area or parcel of the original tract upon which said permit has been issued shall be considered a subdivision and shall be governed by the subdivision control ordinance.

3.04 PLATTING OF UNPLATTED LAND:

See Subdivision Control Ordinance for Posey County 3.05 REPLATTED LAND:

No lot improved with a building or buildings shall be divided into two (2) or more lots, and no portion of any lot which is improved with a building or buildings shall be sold, unless all lots resulting from such division conforms to all regulations of the zoning district in which the property is located.

3.06 STREET FRONTAGE REQUIRED:

No lot shall contain any building or structure unless such lot abuts on a street or dedicated right-of-way. 3.07 EXCEPTIONS TO YARD REQUIREMENTS:

Yards apply to only one building. 1.No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space or lot be considered as providing a yard or open space for another lot whereon a building is to be erected.

2. Projections into yards:

a. No cornice, eaves belt course, sill, canopy, or other similar architectural feature, (not including

bay window or other vertical projection which shall be part of the main building) may extend or project into a required side yard more than two (2) inches for each one (1) foot of width of such side yard or may extend or project into a required front or rear yard more than thirty (30) inches. Chimneys or fireplaces may not project into a required front, side or rear yard more than two (2) feet, provided the width of such side yard is not reduced to less than three (3) feet.

b. A fire escape may not extend or project into any required front, side or rear yard more than four

(4) feet.

c. An open, unenclosed stairway or balcony, not covered by a roof or canopy, may not extend or project into a required rear yard more than four (4) feet and such balcony may not extend into a required front yard more than thirty (30) inches.

d. Open Porch: An open platform or landing which does not extend above the level of the first floor of the building, may not extend or project into any required side or rear yard more than five (5) feet, provided that the width of a side yard is not reduced to less than three (3) feet.

e. Other Specified Structures: Walks, driveways, curbs, retaining walls mailboxes, nameplates,

lamp posts, bird baths, fences and structures of a like nature shall be permitted in any required yard.

f. Front Yard:

1. If there are buildings on both abutting lots and are within one hundred (100) feet of the

intervening lot and the buildings have front yards of less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots.

2. If there is a building on one abutting lot which is within one hundred (100) feet of the lot,

and the building has a front yard of less than the required depth for the zone, the front yard for the lot need not extend a depth halfway between the depth of the front yard of the abutting lot and the required front yard.

3.08 FENCES, WALLS, AND HEDGES:

1. Fences, walls, and hedges not to exceed six (6) feet in height, may be permitted in any required yard, or along any property line, provided that no fence, wall or hedge shall be permitted in a required front yard which exceeds three (3) feet in height. Provided, however, that nothing contained in this Ordinance shall be deemed to prohibit the construction or maintenance of a fence of any height in connection with any permitted agricultural use.

2. Trees, shrubs, flowers or plants shall be permitted in any required yard, provided, it does not violate

the corner setback as required in this Section.

Corner Visibility:

No fence, wall, hedge or other planting or other obstruction to vision extending in excess of three (3) feet above the established street center-line grade shall be erected or maintained on that part of the corner lot that is included between the lines of intersecting streets and a line intersecting them at points of twenty-five (25) feet distance from the intersection of the street line.

3.09 ACCESSORY USES AND STRUCTURES:

The following regulations shall apply:

1. In all residential districts, no accessory buildings or structures shall be located in a required front yard.

2. In all residential districts, accessory building or structures in a rear or side yard shall be located a

minimum of 10 feet from any side or rear property line. 3. “ No accessory building or structure shall be constructed on any lot prior to the time of Construction

of any principle building to which it is accessory.” - [4 Deleted from Ordinance July 21, 1997. Book 0067, Page 480.].

4. Private swimming pool walls shall not be located closer than six (6) feet from a side or rear property

line, nor shall a private swimming pool be located in a required front yard. 3.10 EXCEPTION FROM HEIGHT REQUIREMENTS:

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, fire or parapet walls, skylights, television aerials, electrical transmission and communication poles and towers, theater screens, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, silos, gas containers, industrial installation requiring vertical production procedures such as flour mills, steel mills and refineries, or similar structures may be erected above the height limits herein prescribed, but no such structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential, business or industrial use.

3.11 COMMERCIAL USES IN CONJUNCTION WITH MOTELS, HOTELS, OR OFFICE BUILDINGS:

In all R-3 and R-0 Districts, newsstands, coffee shops, restaurants, bars, valet service, barber or beauty shops or similar convenience establishments, may be operated in conjunction with a motel, hotel, motor hotel or apartment hotel containing fifty (50) or more rental units or apartment complex containing one hundred (100) or more living units; the above mentioned uses, with the exception of bars, may be operated in conjunction with office buildings containing at least twenty thousand (20,000) square feet devoted to and maintained for office space.

1. Permitted Commercial Uses Subject to the following:

a. Access: Access shall be from the lobby or other interior portion of the building. b . Signs: No signs or window displays shall be permitted as accessory uses, unless approved by the

Board of Zoning Appeals as a Conditional Use. 3.12 TRANSITIONAL USE:

In any "R" Residential District, a transitional use shall be permitted on a lot adjacent to, or when separated by an alley from any Commercial or Industrial District. Transitional Use permitted in an "R-1" District shall be any use permitted in an "R-2" District. Transitional use permitted in an "R-2" District shall be any use permitted in an "R-3" District. Transitional use permitted in an "R-3" District shall be any use permitted in an "R-0" District. Any transitional use shall comply with all requirements as to height, lot size, yards, lot coverage, etc., for the district in which it is first listed as a permitted use. Such transitional uses shall not extend more than one hundred fifty (150) feet into any "R" District.

3.13 AIR SPACE CONTROL:

In order to protect the occupants of land in the vicinity of an airport or proposed airport, and to

maintain the utility of such facilities, certain areas may be established as air space control areas upon the Zoning Maps. Within these areas all structures or buildings are subject to FAA (Federal Aviation Administration) requirements and shall have approval prior to the issuance of an Improvement Location Permit.

3.14 EXEMPTION OF AGRICULTURAL USES:

Nothing contained in these regulations shall impose restrictions with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures which are to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes shall conform to building set back lines.

Chapter 4

CONTINUANCE OF NONCONFORMING STRUCTURE OR USES 4.01 NONCONFORMING STRUCTURES 4.02 NONCONFORMING USES 4.03 DISCONTINUED NONCONFORMING USE 4.04 DESTRUCTION OF NON-CONFORMING STRUCTURE: 4.05 NONCONFORMING VARIANCE PERMITTED BY BOARD OF ZONING APPEALS 4.06 NONCONFORMING MOBILE HOME COURT 4.01 NONCONFORMING STRUCTURES: 1. Maintenance Permitted: A non-conforming structure lawfully existing prior to the

effective date of this Ordinance may be maintained, except as otherwise provided in this Section.

2. Repairs: A non-conforming structure may be repaired or altered, provided no structural change

shall be made. 3. Additions, Enlargements or Moving:

a. A non-conforming structure as to height, yard requirements, or lot area per dwelling unit shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement is made to conform to the use, height, yard, and area requirements of the district in which it is located.

b. No non-conforming structure shall be moved in whole or in part to any other location on

the lot on which it is located unless every portion of such structure is made to conform to all requirements of the district in which it is located. 4.02 NONCONFORMING USES:

1. Continuation and Change of Use - Except as otherwise provided in this Ordinance. a. A non-conforming use lawfully existing prior to the effective date of this Ordinance, may be

continued.

b. A non-conforming use may be changed only to a use of the same or more restricted classification.

2. Expansion Prohibited:

a. A non-conforming use in a structure designed for a non-conforming use shall not be expanded or

extended into any other portion of such conforming structure nor changed except to a conforming use.

b. A non-conforming use on a part of a lot shall not be expanded or extended into any other

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portion of such lot. 4.03 DISCONTINUED NONCONFORMING USE:

Whenever a non-conforming use has been discontinued for a period of one (1) year, such use shall not be re-established and the use thereafter shall conform to the requirements of the District in which it is located.

4.04 DESTRUCTION OF NON-CONFORMING STRUCTURE:

No building or structure which has been damaged by fire, explosion, or act of God, to the extent of fifty percent (50%) or more of its assessed valuation, shall be restored, repaired or rebuilt except to conform to the requirements of the District in which it is located.

4.05 NONCONFORMING VARIANCE PERMITTED BY BOARD OF ZONING APPEALS:

The Board of Zoning Appeals may authorize, upon appeal, in specified cases, such variance from the terms of this Section, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Section will result in unnecessary hardship, and so that the spirit of this Section shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.

4.06 NONCONFORMING MOBILE HOME COURT:

Any mobile home court which existed upon the effective date of this Ordinance, and which is located in a district which permits a mobile home court either as a permitted use or special use shall be regarded as a conforming use, and may be continued, except that any change in layout, expansion, or extension shall be subject to all provisions of Chapter 10 of this Ordinance.

Chapter 5

KINDS OF DISTRICTS: ESTABLISHMENT 5.01 POSEY COUNTY IS HEREBY DIVIDED INTO THE FOLLOWING DISTRICTS: 5.02 ZONING MAPS 5.03 BOUNDARIES OF DISTRICTS 5.04 FLOOD PRONE AREA DISTRICTS 5.05 AGRICULTURAL DISTRICT AMENDMENT 5.01 POSEY COUNTY IS HEREBY DIVIDED INTO THE FOLLOWING DISTRICTS:

1. Agricultural Districts, designated "A" are established to include substantial areas where little or no urbanization has occurred and which is not expected to develop in intensive urban uses within the near future. It is the intent of this District to allow agriculture uses and to protect these areas from the encroachment of scattered urban type uses that may inhibit their operations.

2. Flood Prone Area Districts, designated "FP", are established by the Department of Housing and

Urban Development, Federal Insurance Administration to include areas that are within the flood plain of rivers and creeks and thus subject to inundation.

3. Residential Districts, designated "R-1", are established to include areas for low density

single-family dwelling units.

4. Residential Districts, designated "R-2", are established to include areas for medium density, single, and two-family dwelling units.

5. Residential Districts, designated "R-3", are established to include areas for relatively high

density, single, two-family and multiple-family dwelling units.

6. Residential Districts, designated "PUD", are established to include areas for high density development of dwelling units and related activities.

7. Mobile Home Districts, designated "RMH", are established to include areas for mobile home

parks and to insure compatibility with the surrounding areas.

8. Residential Office Districts, designated "R-0", are established to include areas that are close to high density or commercial areas and appropriate to meeting professional office needs of the community.

9. Neighborhood Commercial Districts, designated "B-1", are established to include and

appropriate to meeting neighborhood shopping and service needs.

10. Planned Shopping Center Districts, designated "B-1A", are established to provide retail shopping facilities in areas where no clear pattern of business now exists.

11. Central Business Districts, designated "B-2", are established to include areas that are near

Residential areas and appropriate for meeting their needs.

12. General Commercial Districts, designated "B-3", are established to include areas that are appropriate to all types of commercial business and services.

13. Industrial Districts, designated "M-1", are established to include areas for light industrial uses

that are compatible with the surrounding areas, and are intended for limited manufacturing, warehousing and storage.

14. Industrial Districts, designated "M-2", are established to include areas for heavy industrial uses

that are compatible with the surrounding areas, and intended for unlimited manufacturing and storage uses.

5.02 DISTRICT ZONING MAPS:

The designations of the boundaries of said districts are shown upon the maps hereto attached and made a part of this Ordinance, and are hereby established and the land within Posey County is hereby classified, divided, and zoned into districts as designated on said maps, said maps being designated as the Comprehensive Zoning Atlas. Said maps and the proper notations, references and other information shown thereon, shall be as much a part of this Ordinance, as if the matters and information set forth on said maps were fully described herein.

5.03 BOUNDARIES OF DISTRICTS:

1. District boundaries of all unincorporated areas of Posey County are street or road lines, boundary lines of recorded plats, section lines, quarter (1/4) or quarter quarter (1/4 1/4) lines, unless otherwise noted.

2. When the exact boundaries of a district are uncertain, they shall be determined and interpreted

by the Board of Zoning Appeals.

3. The boundaries of the districts established in Section 5.02 and as shown on the Comprehensive Zoning Atlas, may be changed only by amending this Ordinance.

4. When any right-of-way is vacated, the districts adjoining each side are respectively extended to

the center of the area so vacated.

5. Where the boundary line of a district divides a lot having frontage on a street or road so that the front part of the lot lies in one district and part of the lot in another district, that district which applies to the larger part of the lot applies to the entire lot.

5.04 FLOOD PRONE AREA DISTRICT AMENDMENT:

The boundary of an "FP" District may be changed on application for petitions under Chapter 16.04 (1), (2) of this Ordinance, provided:

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1. The State of Indiana, Department of Natural Resources Commission, after investigating the area involved, determines that the requested change would not endanger the public welfare.

2. The change would not be detrimental to the occupants.

3. Contour lines are subject to the highest known flood elevation.

5.05 AGRICULTURAL DISTRICT AMENDMENT:

The Commission shall consider all applications for the changes of zoning from an "A" District to any urban classification, provided however, the Commission shall consider and evaluate the change in relation to the following factors:

1. The Posey County Comprehensive Development Plan.

2. Substantial development of areas in or near the area under consideration. 3. Soil type (if suitable for urbanization). 4. Current agricultural use and productivity.

5. Proximity to other agricultural operations.

6. Density/development.

7. Utilities (if available or will be within the very near future).

8. Environmental impact of the development to the adjacent areas.

Chapter 6

SPECIAL USES SPECIFIED DISTRICTS 6.01 REQUIREMENTS 6.02 ALL DISTRICTS 6.03 AGRICULTURAL - "A" DISTRICT 6.04 CONDITIONS AND LIMITATIONS 6.01 REQUIREMENTS:

Special Uses may be permitted by the Board of Zoning Appeals following a public hearing, in specified districts, as indicated below, when such are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the Comprehensive Plan.

6.02 ALL DISTRICTS: 1. Airport or private landing field. 2. Cemetery or crematory. 3. Local government enterprises. 4. Any buildings erected, leased or used by any department of the City, Town, County, State, or

Federal Government. 5. Structures and appurtenance incidental to the maintenance and operations of public utilities and

public services, radio, or television, transmitter or tower. 6. Hospitals. 7. Educational Institutions. 8. Churches. 9. * Mobile home, one (1); subject to all requirements specified for said District. Except as provided in Chapter 14, an owner of a mobile home lawfully used as a residence prior to the effective date of this ordinance or a mobile home used as a residence pursuant to a special use permit shall not be required to obtain a new special use permit when replacing that mobile home on the existing site unless the replacement mobile home would encroach on required front, side or rear yards.* deleted-March 2002 Instrument #20022304 10. Beauty Shop/Barber Shop (one operator) 11. Craft/Hobby Shop 12. Licensed Day Care

13. Home Occupation3 14. Off-Premise Business (Storage of Equipment)4 15. Other Uses: Other uses or enterprises similar to and not more objectionable to the general

welfare. So determined (by the Plan Commission or Board of Appeals) shall be regarded as listed uses.5

16. Cellular Telephone/Personal Communication Services Towers and Facilities.** 6.03 AGRICULTURAL - "A" DISTRICT:

3 Amendment approved by the Posey County Commissioners June 7, 1999. Book 0070, Page 457.

4 Amendment approved by the Posey County Commissioners June 7, 1999. Book 0070, Page 457.

5 Amendment approved by the Posey County Commissioners June 7, 1999. Book 0070, Page 457. ** Amendment approved by the Posey County Commissioners July 17, 2000. Book 0072, Page 302.

1. Permanent or transient amusement enterprises.

2. Circuses.

3. Livestock sales or auction pens.

4. Veterinary office, animal hospital or kennel.

5. Gun club, skeet shoot or target range, evidence shall be presented and filed with the Board that

adequate precautions will be taken to safeguard the public from dangers of firearms used.

6. Drive-in Theater.

7. Commercial facility for breeding and raising non-farm fowl and animals.

8. Outdoor, indoor private or commercial enterprises including campground, tenting or travel parks.

9. Extraction and storage of gravel, sand, or other raw material, subject to grading plans,

landscaping plans, fencing and other conditions deemed necessary by the Board of Zoning Appeals to protect the public welfare.

10. Green Houses and Wholesale Growers*

11. Mobile Homes one (1); subject to all requirements specified for said District. Except as

provided in Chapter 14, an owner of a mobile home lawfully used as a residence prior to the effective date of this ordinance or a mobile home used as a residence pursuant to a special use permit shall not be required to obtain a new special use permit when replacing that mobile home on the existing site unless the replacement mobile home would encroach on required front, side

or rear yards.* amendment March 2002 Instrument # 2022304 6.04 CONDITIONS AND LIMITATIONS:

In reviewing the special use application, the Board of Zoning Appeals shall consider and evaluate the change in relation to the following:

1. The location, size, use, the nature and intensity of the operation and the site layout with relation to existing or future traffic patterns.

2. That the proposed use will constitute an environment of sustained desirability and

stability.

3. That the use is in conformity with the goals and objectives of the Comprehensive Development Plan.

4. In granting approval, the Board of Zoning Appeals may attach any conditions, limitations, or

temporary uses that they deem necessary for the protection of the surrounding area in order to carry out the intent and purpose of this Ordinance.

**6.05 CELLULAR TELEPHONE/PERSONAL COMMUNICATION SERVICES TOWERS AND FACILITIES

(1) Cellular telephone/communication services towers and facilities shall be located to minimize the intrusion into the existing environment and topography.

. ** Amendment approved by the Posey County Commissioners July 17, 2000. Book 0072, Page 302. (2) Such towers and facilities shall be located according to the Following order of preference: (a) Co-location on existing buildings, towers, or other structures. (b) New tower in agricultural districts.

(c) On existing public, semi-public buildings or lands, towers or other structures such as water towers or utility poles/towers.

(d) On existing privately-owned buildings. (e) New tower in Industrial or Commercial districts, not near residential areas.

(f) New tower in Commercial districts near residential areas. (g) New tower in residential areas.

(3) Developers of cellular telephone/personal communication services towers and facilities in an area of a lesser-preferred location in accordance with the preference order listed above, shall demonstrate the unavailability of a preferred location(s)

in accordance with the preference order listed above.

(4) Cellular telephone/personal communication services towers and facilities shall comply with all contemporary standards and requirements of all federal, state and local government agencies.

(5) The Board may require buffering, landscaping, special design and/or other treatments necessary to mitigate any adverse effects from cellular telephone/personal communication services towers and facilities.

(6) The developers/owner of any new tower shall permit co-location of that tower by other cellular telephone/personal communication services facilities to the extent physically possible.

(7) Developers/owners of a tower shall cause the tower to be removed when use of the tower is vacated or when the design, construction, or operation no longer meet contemporary standards.

(8) The tower and facilities shall comply with relevant FAA and FCC regulations.

(9) The tower and facilities shall comply with the area coverage and set back requirements of the district in which they are located.

(10) The Board shall consider both the provisions set out above and as well as those set out in 6.04

in reviewing a special use foe cellular/personal communication services towers and facilities.

Chapter 7

"A" AGRICULTURAL DISTRICT 7.01 PURPOSE AND INTENT - "A" DISTRICT 7.02 USE REGULATIONS - "A" DISTRICT 7.03 MINIMUM LOT AREA 7.04 YARDS 7.05 HEIGHT 7.06 MINIMUM FLOOR AREA 7.07 EXCEPTION OF AGRICULTURAL USES 7.08 SALES OF AGRICULTURAL LAND 7.01 PURPOSE AND INTENT - "A" DISTRICT: The "A" District has been established and shown on the Zoning Maps to minimize conversion of farm land to no non-farm uses, and to protect agricultural areas from urban encroachment and reduce conflicts over competing land uses. To regulate urban growth where it can be safely located and economically serviced by public facilities, such as roads, water, schools, police and fire protection, etc., through the rezoning process. The Area Plan Commission, in its review of a rezoning application from the "A" District to another use shall evaluate the following before any recommendation is given to the elected official: 1. Degree of urbanization or present land use. 2. Water - availability of supply relative to needs; quantity and quality. 3. Waste disposal - availability to expand municipal service, or suitability for septic systems. 4. Roads, existing; increased design capacity, feasibility of physical expansion. Additional roads; functional roads needs, and feasibility of construction.

5. Adequate police and fire protection.

6. Soils; substratum support, drainage, slope, stability, erosion and sedimentation.

7. Alternative land use. Best use for land relative to existing resources priorities on uses of land. 7.02 USE REGULATION - "A" AGRICULTURAL DISTRICT:

No building or structure or part thereof shall be erected, altered, or used or land used in whole or in part for other than one or more of the following uses:

1. Agricultural uses including but not limited to horticulture, forestry, crop and tree farming, dairy,

ostrich, stock and poultry farming, feed lot operations, and the operation of any machinery or vehicles and other uses customarily incidental thereto.

2. One family detached dwelling.6

3. Living quarters for persons employed on the premises and not rented or otherwise used as a separate dwelling.

4. Bona fide farm building.

5. Roadside stands offering for sale agricultural or other products are a permitted use in All Districts,

provided said stand is located at least fifty (50) feet from the front property line and that off-street parking is provided.7

6. Home occupation 6-deleted

7. Accessory uses and structures when located on the same lot.

8. Other than exempt subdivisions as provided in Posey County Subdivision Ordinance 11-16-86,

subdivisions are prohibited within the "A" District.

9. Landfills are prohibited within the "A" District. 7.03 MINIMUM LOT AREA:

6 Amendment approved by the Posey County Commissioners June 7, 1999. Book 0070, Page 457.

7Amendment approved by the Posey County Area Plan Commission June 13, 1996.

1. Every lot upon which a structure is hereinafter erected, shall:

a. Have a frontage not less than one-hundred fifty (150) feet on street or public right-of-way or dedicated road or shall have access to a public road or street by a dedicated right-of-way or easement running with the land.

b. Have a minimum area of one (1) acre in the "A" District or as much as required by the Posey County Health Department.

For purposes of this section, two (2) or more contiguous lots owned by the same person or persons shall be considered one lot.

2. Where a lot has less width or area than herein required and was a lot of record (or contract sales,

dated) prior to the effective date of this Ordinance, such lot may be occupied by any use permitted in the "A" District. (Including one-family structures, and platted subdivision).

7.04 YARDS:

1. *FRONT YARD:

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a. Every lot used for a one-family dwelling shall have a front yard not less than

Twenty-five (25) feet in depth.

b. Every lot used for a non-residential use shall have a front yard not less than Twenty-five (25) feet in depth.

2. SIDE YARDS:

a. Every lot used for a one-family dwelling shall have a side yard not less than Fifteen (15)

feet in depth.

b. Every lot used for a non-residential use shall have a side yard not less than ten (10) feet in depth.

(3) REAR YARD:

a. Every lot used for a one-family dwelling shall have a rear yard not less than Twenty-five (25) feet in depth.

b. Every lot used for a non-residential use shall have a rear yard not less than ten (10) feet in

depth. 7.05 HEIGHT:

1. No residential building or structure or part thereof shall be erected or altered to a height exceeding two and one-half (2½) stories or thirty-five (35) feet.

2. No accessory building or structure or part thereof shall be erected or altered to a height exceeding

forty-five (45) feet. 7.06 MINIMUM FLOOR AREA:

The minimum floor area of a one-family dwelling shall be nine-hundred and fifty (950) square feet and a minimum of twenty-three (23) feet wide.

*Amendment approved by the Posey County Commissioners Feb. 7, 1994. Book 0061, Page 593. 7.07 EXCEPTION OF AGRICULTURAL USES:

Nothing contained in these regulations shall impose restrictions with respect to land used or to be used for agricultural purposes, or with the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures which are to be used for agricultural purposes, except that such buildings and structures for agricultural purposes shall conform to building set back lines.

7.08 SALES OF AGRICULTURAL LAND: This Section shall not include divisions of land for agricultural purposes only.

Chapter 8

RESIDENTIAL DISTRICTS

SINGLE FAMILY - R-1 DISTRICT 8.01 USE REGULATIONS - R-1 DISTRICT 8.02 AREA 8.03 YARDS 8.04 HEIGHT 8.05 LOT COVERAGE 8.06 MINIMUM FLOOR AREA 8.07 USE REGULATIONS - R-2 DISTRICT 8.08 AREA 8.09 YARDS 8.10 HEIGHTS 8.11 LOT COVERAGE 8.12 MINIMUM FLOOR AREA 8.13 USE REGULATIONS - R-3 DISTRICT 8.14 AREA 8.15 YARDS 8.16 HEIGHT 8.17 LOT COVERAGE 8.18 MINIMUM FLOOR AREA 8.01 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used or land used in whole or in part, for other than one or more of the following uses:

1. One-family dwelling also to include Modular or Manufactured Home.*

2. Publicly owned or operated recreational facilities.

a. Roadside stands offering for sale agricultural or other products are a permitted use in All Districts, provided said stand is located at least fifty (50) feet from the front property line and that off-street parking is provided.8

8 Amendment approved by the Posey County Area Plan Commission June 13, 1996. * Amendment approved by the Posey County Area Plan Commission April 1, 2002. Instrument 20022304.

3. The following uses if approved as a "Conditional Use":

a. Public, private or parochial schools: Private or parochial schools shall be approved by the

Indiana State Department of Education. b. Educational, recreational and social centers not operated for profit.

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c. Beauty or barber shop, provided the non- residential activity does not occupy more than twenty percent (20%) of the first or ground floor or basement within a residential dwelling unit and provided that the use is limited to one (1) beautician or barber who resides within the dwelling. d. Child Care, in home, may be used as an accessory use when the dwelling unit is used to use and provide supervision and care for up to four (4) children, other than those children residing in the dwelling on a daily basis. When five (5) to ten (10) children are cared for, a resident must obtain a conditional use and maintain continuous State Licensing.

4. Uses accessory to the above when located on the same lot and not involving the conduct of any business, trade, occupation or profession.

5. Home occupation conducted within a dwelling unit whose main use is residential, and

occupying not more than twenty-five percent (25%) of the first floor or ground floor or basement of such dwelling unit or in an accessory building. Non-residential activity shall be conducted by the occupant of the dwelling unit. Such uses as tea rooms, tourist home, veterinary office, hospitals, shall not be deemed as home occupations. There shall be no display or indication on the exterior of the dwelling unit that it is being utilized in part for any non-residential uses. There shall be no commodity sold on the premises, other than what is produced there. There shall be no person employed other than a member of the family residing on the premises. Name plate not exceeding two (2) square feet in area.*

6. Conditional Use: The Board of Zoning Appeals upon application and public hearing, may grant

a Conditional Use Permit for two (2) employees or assistants for any permitted home occupation, within the dwelling or separate structure.

8.02 AREA:

Every lot upon which a structure is hereafter erected shall front onto a dedicated street or public right-of-way and shall conform to the following minimum lot area and width requirements.

1. RESIDENTIAL USE:

a. The lot area shall be a minimum of seven thousand (7000) square feet with a minimum width of seventy (70) feet (with public sewers).

*Amendment approved by the Posey County Commissioners January 5, 2010 Instrument # 201000074 b. Where no public sewers are available and disposal is by soil absorption the minimum lot area

shall be one (1) acre, subject to the minimum requirements of the Posey County Health Department.

2. NON-RESIDENTIAL USE:

a. The lot area shall be a minimum of ten thousand (10,000) square feet with a minimum width of

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one hundred (100) feet.

b. Where no public sewers are available and disposal is by soil absorption, minimum lot area shall be one (1) acre. Subject to the minimum requirements of the Posey County Health Department.

3. Where a lot has less width or area than herein required and was a lot of record (or contract sale)

of less than seventy (70) feet and dated prior to the effective date of this Ordinance, such lot may be occupied by any residential use permitted in the R-1 District. The aggregate width of side yards may be reduced to twenty percent (20%) of the width of the lot and a minimum of ten percent (10%) on either side. The combined area occupied by all principal and accessory buildings may be increased to forty percent (40%) of the area of the lot.

8.03 YARDS:

1. FRONT YARD:

a. Every lot shall have a front yard not less than Twenty-five (25) feet in depth.

2. SIDE YARD:

a. Every lot used for a one-family dwelling shall have a side yard on each side, the aggregate width of both side yards of any lot shall be at least twenty-five percent (25%) of the width of the lot. Minimum width of one (1) side yard shall be at least ten percent (10%) of the width of the lot except on corner lots a side yard at least fifteen(15) feet in width shall be provided on the side of the lot abutting on the side street, no side yard shall be required greater than fifteen (15) feet.

b. *Every lot used for a non-residential use shall have a side yard not less than ten (10) feet in depth.

3. REAR YARD:

a. Every lot used for a residential use shall have a rear yard of not less than twenty-five (25) feet in

depth.

b. *Every lot used for a non-residential use shall have a rear yard not less than ten (10) feet in depth.

*Amendment approved by the Posey County Commissioners Feb. 7, 1994. Book 0061, Page 594. 8.04 HEIGHT:

No building or structure or part thereof shall be erected or altered to a height exceeding two and one-half (2½) stories, or thirty-five (35) feet.

8.05 LOT COVERAGE:

The combined area occupied by all principal and accessory buildings shall not exceed thirty percent (30%) of the area of the lot.

8.06 MINIMUM FLOOR AREA:

A one-family dwelling shall have a minimum floor area of nine hundred and fifty (950) square feet and shall be a minimum of twenty-three (23) feet wide.

ONE AND TWO FAMILY RESIDENTIAL DISTRICT - R-2 DISTRICT 8.07 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used, or land used, in the whole or in part, for other than one or more of the following specified permitted uses:

1. Any use permitted in an R-1 District, subject to the use regulations specified in said District.

2.Two-family dwelling. 3. Church. 4. Uses accessory to any of the above when located on the same lot and not involving the conduct

of any business, trade, occupation, or profession. 8.08 AREA:

Every lot upon which a structure is hereafter erected shall front onto a dedicated street or public right-of-way and shall conform to the following minimum lot area width requirements.

1. RESIDENTIAL USE:

a. The lot area for a one family dwelling shall be a minimum of four thousand five hundred (4500)

square feet with a minimum width of forty-five (45) feet (where sanitary sewers are available).

b. Where no public sewers are available and disposal is by soil absorption, minimum lot area shall

be one (1) acre.

c. The lot area for a two-family dwelling shall be a minimum of seven thousand (7000) square feet, with a minimum width of seventy (70) feet. (where sanitary sewers are available).

d. Where no sanitary sewers are available and disposal is by soil absorption, the minimum lot area

shall be one (1) acre per duplex, and shall be subject to the Posey County Health Department.

2. NON-RESIDENTIAL USE:

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a. The lot area shall be a minimum of ten thousand (10,000) square feet with a minimum width of one hundred (100) feet.

b. Where no sanitary sewers are available and disposal is by soil absorption, the minimum lot area

shall be one (1) acre, subject to the minimum requirement of the Posey County Health Department.

3. Where a lot has less width or area than herein required, and was a lot of record (or contract sale)

of less than one (1) acre and dated prior to the effective date of this Ordinance, such lot may be occupied by any residential use permitted in this District. The aggregate width of said yards may be reduced to twenty percent (20%) of the width of the lot and a minimum of ten percent (10%) of either side. The combined area occupied by all principal buildings may be increased to forty percent (40%) of the area of the lot.

8.09 YARDS:

1. FRONT YARD:

a. Every lot shall have a front yard not less than twenty-five (25) feet in depth.

2. SIDE YARD:

a. Every lot used for a one-family or two-family dwelling shall have a side yard on each side; the aggregate width of both side yards of any lot shall be at least twenty-five (25%) percent of the width of the lot. Minimum width of one (1) side yard shall be at least ten (10%) of the width of the lot, except on corner lots, a side yard of at least fifteen (15) feet in width shall be provided on the side of the lot abutting on the side street, no side yard shall be required greater than fifteen (15) feet.

b. *Every lot used for non-residential use shall have a side yard of not less than ten (10) feet.

3. REAR YARD:

a. Every lot used for a residential use shall have a rear yard of not less than twenty-five (25) feet in depth.

b. *Every lot used for non-residential use shall have a rear yard of not less than ten (10) feet.

* Amendment approved by the Posey County Commissioners Feb. 7, 1994. Book 0061, Page 593. 8.10 HEIGHT:

No building or structure, or part thereof, shall be erected or altered to a height exceeding two and

one-half (2½) stories or thirty-five (35) feet. 8.11 LOT COVERAGE:

The Combined area occupied by all principal and accessory buildings shall not exceed thirty percent (30%) of the area of the lot.

8.12 MINIMUM FLOOR AREA:

The minimum floor area for a one-family dwelling unit shall be nine hundred and fifty (950) square feet and a minimum of twenty-three (23) feet wide. The minimum floor area for a two-family dwelling shall be six hundred and fifty (650) square feet per dwelling unit, total one thousand three hundred (1,300) square feet per structure.

MULTI-FAMILY RESIDENTIAL DISTRICT - R-3 DISTRICT 8.13 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than one (1) or more of the following permitted uses:

1. Any use permitted in the R-2 District, subject to the use regulations specified in said District.

2. Apartment.

3. Apartment complexes. 4. Nursery school or child care center when located not less than twenty (20) feet from any other lot in an "R"

5. Institution of an educational or philanthropic character not operated for profit, excluding penal or correctional institutions, vocational or trade schools.

6. Colleges and universities offering courses of study leading to academic degree and meeting the requirements of an act of the General Assembly of the State of Indiana.

7. Room and boarding houses.

a. *Mini-Storage Buildings (Structures for the rental of storage space to the public) *Amendment approved by the Posey County Commissioners June 14, 1995. Book 0064, Page 197. 8. Conditional Use: The following uses if approved as a conditional use:

a. Hospitals, sanitariums, convalescent homes, nursing homes, medical or dental offices and

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clinics. b. Orphanages, institutions for the aged, indigent or infirm.

c. Community parking garage.

d. Private club, lodge, fraternity, sorority and other similar uses not operated for profit.

e. Hotel, motel, apartment hotel, or tourist home.

f. Funeral home. 9. Uses accessory to any of the above when located on the same lot and not involving the conduct of any

business, trade, occupation or profession unless otherwise specified in this Ordinance. 8.14 AREA: Every lot upon which a structure is hereafter erected shall front onto a dedicated street or public right-of-way and shall conform to the following minimum lot area and width requirements: 1. Residential Use:

a. The lot area for a one-family dwelling shall be at least four thousand five hundred (4500) square feet with a minimum width of forty-five (45) feet (where public sewers are available).

b. The lot area shall be at least seven thousand (7,000) square feet with a minimum width of

seventy (70) feet for all other permitted residential uses. (Minimum lot area for apartment structures shall be fifteen hundred (1500) square feet per dwelling unit).

c. Where a lot has less width or area than herein required and was a lot of record (or contract sales) of less than seventy (70) feet in width and dated prior to the effective date of this Ordinance, such lot may be occupied by any residential use permitted in this District. The aggregate width of side yards may be reduced to twenty percent (20%) of the width of the lot and minimum of ten percent (10%) of either side. The combined area occupied by all principal and accessory buildings may be increased to forty percent (40%) of the area of the lot.

d. Where a lot is not served by a public sewer system and a private sewage disposal system is to

be installed, and the lot is to be used for any use permitted in Section 8.13 (2) through (8-f), the minimum lot area shall be determined as defined in ISBH Bulletin No. SE13 and 410 IAC 6-10 as supplemented by all amendments thereto, and approved by the Posey County Health Department.

2. Non-Residential Use:

a. The lot area shall be at least Ten thousand 10,000) square feet with a minimum width of One hundred (100) feet.

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b. Where no public sewers are available and disposal is by soil absorption, minimum lot of the Posey County Health Department. 8.15 YARDS:

1. Front Yards:

a. Every lot shall have a front yard not less than twenty (20) feet in depth.

2. Side Yards: a. Every lot used for a one-family, or two-family or multi-family dwelling shall have a side yard on each side, each of which shall be at least twelve and one-half (12½) percent of the the lot in width, provided that no side yard shall be less than Seven and One-half (7½) feet in width, nor shall a side yard be required greater than fifteen (15) feet in width. b. On corner lots, a side yard at least Fifteen (15) feet in width shall be provided on a side of the lot abutting on the side street.

c. *Every lot used for a non-residential use shall have a side yard on each side, each of which

3. Rear Yard: a. *Every lot used for a non-residential use shall have a rear yard of not less than ten (10) feet in depth. 8.16 HEIGHT: No building or structure, or part thereof, shall be erected or altered to a height exceeding three (3) stories, said three (3) stories not to exceed forty (40) feet. 8.17 LOT COVERAGE: The combined area occupied by all principal and accessory buildings shall not exceed thirty percent (30%) of the area of the lot. 1. Minimum floor area for a one-family dwelling unit shall be nine hundred and fifty (950) square feet

and a minimum of twenty-three (23) feet wide. 2. Minimum floor area for a two-family dwelling shall be six hundred and fifty (650) square feet per

dwelling unit (total one thousand three hundred (1300) square feet per two-family structure).

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3. Minimum floor area for a multiple-family dwelling shall be five hundred (500) square feet per

dwelling unit. *Amendment approved by the Posey County Commissioners Feb. 7, 1994. Book 0061, Page 593.

Chapter 9

PLANNED UNIT DEVELOPMENT - PUD DISTRICT 9.01 PURPOSE 9.02 DEVELOPMENT 9.03 LOCATION 9.04 SUBMISSION OF PLANS 9.05 PLAN REVIEW 9.06 USE 9.07 CRITERIA 9.08 UTILITIES 9.01 PURPOSE:

The purpose of this Section is to permit such flexibility and provide performance criteria which can result in planned developments which produce:

1. A maximum choice in the types of environment and living units available to the public.

2. Open space and recreation areas.

3. A pattern of development which preserves trees, outstanding topography and geological features and prevents soil erosion.

4. A creative approach to the use of land and related physical developments.

5. An effective use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.

6. An environment of stable character in harmony with surrounding development.

7. A more desirable environment than would be possible, through the strict application of other Sections of this Ordinance.

9.02 DEVELOPMENT:

The Planned Unit Development Section is designated to provide for small and large scale developments, incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with surrounding development. In a Planned Unit Development, there shall be no maximum building height, no minimum lot area, no minimum lot width. However, no

single-family dwelling, and no addition to any single-family dwelling shall be erected within a distance of less than ten (10) feet from any other single family dwelling.

9.03 LOCATION:

The Planned Unit Development may be established in the R-1, R-2, and R-3, Residential Districts as authorized in Sections - 8.01, 8.07, and 8.13. If the proposed project is in an R-1 District and the desired residential density requires a rezoning, the rezoning shall be requested after the location and plans for the project have been approved by the Planning Commission. The criteria used in evaluating the appropriateness of a Planned Unit Development in an R-1 District shall be the same as that required for rezoning, plus guidelines spelled out or indicated in other parts of the Comprehensive Development Plan. An Improvement Location Permit for any structure in a Planned Unit Development shall be issued only after the plans for such development have been approved by the Plan Commission. All structures in a Planned Unit Development shall be constructed as shown on the approved plans.

9.04 SUBMISSION OF PLANS:

The developer shall present plans, reports, and related information in sufficient detail to enable the Plan Commission to evaluate the proposed development in accordance with the provisions of this Section. Any applicable standards of design and construction and procedure for submission of plans that may be adopted relating to subdivisions shall be followed.

9.05 PLAN REVIEW:

The Plan Commission shall investigate and ascertain that the plans for a Planned Unit Development meet the following conditions:

1. That the tract of land for the project comprises not less than ten (10) acres. It may be owned, leased or controlled either by a single person, or persons or corporation or by a group of individuals or corporations.

2. That the standards of maximum floor space permitted and for minimum recreation space, outdoor living space, open space, and parking space requirements are related to Land Use Intensity Rating (LIR). The relationship between ratings and standards are established by the Minimum Property Standards for Multi-Family Housing (FHA 2600) dated November, 1963, as supplemented by all amendments thereto. The land use intensity rating for a Planned Unit Development shall relate to the Zoning Districts. The overall minimum rating for projects (excluding commercial and industrial areas) permitted in each district is:

DISTRICT FAR (Floor Area Ratio)

R-1 0.20

R-2 0.30

R-3 0.50

PUD 1.0 Land Use chart and definitions - see Appendix.

9.06 USE:

That the buildings are to be used for residential purposes, except where:

1. The development contains one hundred (100) or more dwelling units, twenty-four hundred (2400)

square feet of floor area for every one hundred (100) dwelling units may be for limited commercial use (B-1). This commercial area may be in a separate building or incorporated with a two-family or a multi-family structure. The following requirements shall be met before such commercial use may be incorporated:

a. The structure, if separate, shall be of an architectural design compatible with that of the

dwelling units.

b. Any single commercial area shall be limited to twenty-four hundred (2400) square feet of floor area.

c. One (1) parking space for every two hundred (200) square feet of floor area shall be

provided.

d. Signs shall be limited to an identification sign for each point of access. The signs shall not exceed two (2) square feet in area, shall not be directly lighted and shall be attached flat against the face of the building or other architectural structure.

2. The development contains five hundred (500) or more dwelling units, one (1) acre of land for every

on hundred (100) dwelling units may be used for commercial purposes. Only uses permitted in the B-1 and B-2 Districts may be included. Where the development contains one thousand (1000) or more dwelling units, five (5) acres of land for every one hundred (100) dwelling units may be used for light industry (uses permitted in the M-1 District). Individual industrial areas shall be a minimum of fifty (50) acres. Customary, accessory or associated uses, such as private garages, storage spaces, recreational and community activities, churches and schools are also permitted.

9.07 CRITERIA:

1. That the proposed project will constitute an environment of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood.

2. That the project is in conformity with the policies and goals of the Comprehensive Development

Plan and will be consistent with the intent and purpose of this Section.

3. That the property adjacent to the proposed development will not be adversely affected.

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4. That every structure containing dwelling units have access to a private or public street directly or via a court, walkway or other area dedicated to public use or owned and maintained by a Homes Association, (Horizontal Property Act, Chapter 349 of the Acts of 1963, I.C. 32-1-6-1, etc.), but need not front on a street or dedicated right-of-way.

5. That the elements of the plan, (houses, streets, parking areas, walks, service areas, plant material, open space, recreation areas and facilities, walks, screening, lighting, community buildings, and maintenance and storage facilities) are arranged and designed to reflect the principles and objectives outlined in Sections 5 and 6 of the FHA's Land Planning Bulletin No. 6 entitled "Planned Unit Development with a Home Association" dat 9.08 UTILITIES:

The method of providing water and sewage for the development shall be approved by the Posey County Health Department and/or Board of Public Works or Utility Board of the City or participating towns in which said planned unit is located and the Water Works Department of said community before the Plan Commission approves the plan.

Chapter 10

MOBILE HOME PARK RMH (Residential Mobile Home) DISTRICT 10.01 INTENT OF DISTRICT 10.02 PURPOSE OF STANDARDS 10.03 USE REGULATIONS 10.04 LIMITATION OF USES

10.05 APPROVAL OF MOBILE HOME PARK 10.06 PRELIMINARY SITE PLAN 10.07 APPROVAL OF THE PRELIMINARY SITE PLAN 10.08 APPROVAL OF FINAL SITE PLAN 10.09 AREA 10.10 YARDS 10.11 PAD AND SKIRTING 10.12 LANDSCAPING 10.13 LOT MARKERS 10.14 OFF-STREET PARKING 10.15 STORAGE 10.16 WATER AND SEWAGE 10.17 UTILITIES 10.18 COMMON WALKS 10.19 STREET 10.20 GRADING AND DRAINAGE 10.21 SIGNS 10.22 ILLUMINATION OF PARKS 10.23 FIRE PROTECTION 10.24 TRASH AND REFUSE STORAGE 10.25 LOCATION OF BUILDINGS AND STRUCTURES WITH MOBILE HOMES 10.26 ABANDONMENT AND EXPIRATION 10.01 INTENT OF DISTRICT:

The RMH (Residential Mobile Home) District is intended for commercial development leasing and location of mobile home parks and the regulation and control of mobile homes within the park site. It is further intended that mobile home parks be well designed and adhere to high standards of development to insure compatibility with surrounding areas and safety of occupants of mobile homes.

10.02 PURPOSE OF STANDARDS:

The purpose of these standards is to regulate the establishment and operation of mobile home parks in order to provide occupants of mobile homes with a suitable living environment. These standards are based upon the premise that the use of mobile homes, buildings, structures, and improvements are necessary to occupants of mobile home parks. It is also the purpose of these standards to encourage the development and landscaping of mobile home parks so as to provide a park-like setting for the mobile home occupants and a harmonious relationship to adjacent land uses.

10.03 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than one or more of the following specified permitted uses:

1. One-family mobile home units for residential purposes only.

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2. Indoor or outdoor recreation areas not less than eight percent (8%) of the gross site area.

3. Commercial uses supplying essential goods or services for the use of park occupants, subject to the following restrictions.

a. Such establishments and the parking areas primarily related to their operations shall not occupy more than ten percent (10%) of the total area of the park; b. Shall be subordinate to the residential use and character of the park; c. Shall be located and designed and intended to serve frequent trade or service needs of persons residing in the park; d. Shall present no visible evidence of their commercial nature to areas outside the park.

4. Uses accessory to or other uses similar to those above, which in the judgment of the Commission are similar to and not more objectionable to the general welfare than the uses listed.

10.04 LIMITATION ON USES:

The area planned for a mobile home park shall be a minimum of five (5) gross acres. Such area may be developed in two (2) or more stages, provided that said stages conform in all respects with the overall mobile home park design and are developed within the prescribed period of time. No mobile home site shall be leased in any mobile home park for less than thirty (30) days.

10.05 APPROVAL OF MOBILE HOME PARK:

No mobile home shall be located or altered, or land used, nor shall any use permit be issued therefore, unless and until the RMH District and necessary mobile home park plans are officially approved by the Commissioners. All mobile homes shall be located and maintained in full conformity with the mobile home park site plans as approved for each RMH District. In addition to compliance with the requirements set forth here in and in conformity with all applicable ordinances and laws of the State of Indiana, each mobile home park shall also met the requirements provided by the Indiana Mobile Home Parks Act of 1955 and all amendments thereto; and the Indiana State Board of Health Regulations and all amendments thereto.

10.06 PRELIMINARY SITE PLAN:

A person desiring the approval of a mobile home park shall submit to the Commission a preliminary site plan. The preliminary site plan shall be drawn at a scale of not less than one hundred (100) feet to one (1) inch on a sheet twenty-four (24) by thirty-six (36) inches, except that when the drawing at that scale requires more than two (2) sheets the site plan may then be drawn at a scale of two hundred (200) feet to one (1) inch and shall contain the following information:

1. Description:

a. Proposed name of the mobile home park.

b. A legal description showing location park.

c. Name and address of property owners.

d. Graphic scale, north point and date.

2. Existing Conditions: a. Boundary line of proposed park indicated by solid heavy line.

b. Location, width and names of all existing streets or other public ways, railroads and utility rights-of-way, permanent buildings or structures, sections and municipal corporation lines within or adjacent to the tract.

c. Location of existing sewers, water mains, culverts or other underground facilities, indicating

pipe sizes and grades, within and adjoining to the proposed park.

d. Boundary lines of adjacent land, showing adjoining streets, easements and owner's name.

e. Existing and proposed topography, contour interval not to exceed five (5) feet, except where such interval is impractical.

f. In the case of a revised site plan, all descriptive lines of the original site plan being vacated shall

be shown by dotted lines in their proper position in relation to the new arrangement of the plan, the new site plan being clearly shown in solid lines so as to avoid ambiguity and confusion.

3. Proposed Conditions:

a. Layout of streets, their names and width and also the width of alleys, walkways and easements.

1. The names of streets shall conform as far as practicable to names of corresponding streets existing in the

2. The name of a new street, not an extension or correspondent of an existing street, shall not duplicate or be similar to that of any existing street in the City, Town, or County.

b. Layout, dimensions and number of mobile home sites.

c. Parcels of land to be dedicated or reserved for public use.

d. Building setback lines showing dimensions.

e. Location site of recreational areas, commercial, and service facilities, parking areas, other

structures, driveways, landscaping, street lights, fire hydrants, signs and sewer, water and storm drain facilities within the park.

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10.07 APPROVAL OF THE PRELIMINARY SITE PLAN: 1. Public hearing shall be held in accordance with the administrative rules of the Plan Commission.

2. Plan Commission Action: After public hearing, the Plan Commission may give its approval to the preliminary site plan. Such approval shall be governed by the following qualifications:

a. The approval of a preliminary site plan by the Plan Commission indicates the general acceptability of the layout as submitted.

b. The Plan Commission may introduce such changes or revisions as deemed necessary in the interests and needs of the community.

c. Preliminary approval shall be effective for a maximum period of three (3) months. The Plan

Commission may, provided good cause is shown and upon application, grant one (1) extension for a period of thirty (30) days; such application for extension shall be filed with the Plan Commission ten (10) days prior to the expiration of the aforesaid three (3) month period. If the final site plan has not been approved within this time, the preliminary site plan must again be submitted to the Plan Commission for approval.

d. Any person feeling himself aggrieved at any action of the Plan Commission upon any proposed

site plan, may apply in writing to the Plan Commission prior to its next meeting for modification of such action.

e. If the Plan Commission disapproves the site plan, it shall set forth its reasons in its own records

and provide the applicant with a copy. 10.08 APPROVAL OF FINAL SITE PLAN:

After the approval of the preliminary site plans by the Area Plan Commission and the fulfillment of the requirements of these regulations:

1. The final site plan must be submitted in the form of an original tracing with waterproof ink on

standard tracing cloth or approved equivalent and three (3) prints thereof, shall be submitted to the Commission. The final site plan so submitted may include the entire area of the preliminary site plan as approved or such portions of it which shall provide consecutive development units. The final site plan shall be prepared at the same scale as the preliminary site plan as approved or such portions of it which will provide consecutive development units and shall contain that information provided in the preliminary site plan. All final site plans shall be prepared by a registered engineer or land surveyor duly registered to practice in the State of Indiana with his seal affixed thereto and must have certification endorsed thereon, by the City or County Highway Engineer, and the County Survey or that all streets, sidewalks, curbs, gutters, sanitary and storm drainage facilities meet current City or County standards as to such facilities.

2. The final site plan shall be acted upon at the first meeting of the Plan Commission following its

submission, provided such plan has previously received preliminary approval, and provided the final site plan is submitted to the Director of the Plan Commission not less than seventy-two (72) hours prior to such meeting. If the Commission approves the final site plan, it shall affix the Commission's seal upon the site plan together with the certifying signature of its President and Secretary.

3. If the Commission disapproves the final site plan, it shall set forth its reasons in its own records

and provide the applicant with a copy.

4. Upon approval of the final site plan by the Plan Commission, the applicant shall pay by check or money order payable to the Plan Commission, or cash the sum of thirty-five dollars ($35.00) plus one dollar ($1.00) per site thereafter in the mobile home park to the costs of checking and verifying the final site plans. The Director shall surrender the check, money order or cash to the County Auditor for deposit in the General Fund of the County.

5. All final site plans shall be recorded in the Office of the Recorder of Posey County, Indiana.

6. Final site plan approval shall not become effective for the purposes of recording the site plan or

action by the County Commissioners on the acceptance of street until the Executive Director executes the site plan release.

7. The Executive Director shall execute the site plan release upon certification by the County

a. A certificate submitted by the property owner and approved by the County Highway Engineer and the Coun park required for its approval have been made or installed in accordance with the requirements of this Ordinance, or:

b. A bond which shall:

i. Run to the County Commissioners of Posey County.

ii. Be in the amount to complete the improvements and installations in compliance with the Ordinance.

iii. Be with surety satisfactory to the Commission, and

iv. Specify the time for completion of the improvements and installations.

c. Or, in the event the property owner has not received the certificate from the Posey County

Commissioners that said improvements and installations to the mobile home park have been made, and in the event said property owner elects not to furnish the bond required in (b) immediately preceding this subsection, then the Executive Director of the Commission may execute the plat release if he finds that all other matters comply with the general requirements of this Ordinance, and shall cause to be stamped or printed on said plat the following:

"Street, road and other minimum improvements have not been made and the public is notified that the County will not accept the same for maintenance until owners of the various lots herein

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improve the same up to said minimum standards."

8. The following forms shall be used in the final site plan: a. Certificate:

UNDER AUTHORITY PROVIDED BY ORDINANCE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF POSEY COUNTY, INDIANA. THIS SITE PLAN WAS GIVEN FINAL APPROVAL BY THE AREA PLAN COMMISSION OF POSEY COUNTY AS FOLLOWS: Approved by the Area Plan Commission of Posey County at a meeting held_______________.

President Secretary

____________________________ Date Plat Release

b. Engineer's Certificate:

I, ____________________, hereby certify that I am a professional engineer/land surveyor licensed in compliance with the laws of the State of Indiana; that the site plan correctly represents a survey completed by me on date; that all monuments shown thereon actually exist; and that their location, size, type and material are accurately shown.

SEAL AND NUMBER Signature

c. Owner's Certificate (Dedication):

The undersigned (names), owner(s) of the real estate shown and described herein, do hereby certify that I (we) have laid off and platted, and do hereby lay off and plat said real estate in accordance with the site plan. The mobile home park shall be known and designated as (name). All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public. Front and side yard building setback lines are hereby established as shown on the plat; between which lines and the property lines of the streets, there shall be erected or maintained no buildings or structure or mobile homes. There are strips of ground (number) feet in width shown on this plat and marked easements reserved for the use of public utilities for the installation of water, sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No structures, buildings or mobile homes are to be erected or maintained upon said strips of land. (Additional dedications and protective covenants, or private restric- tions, would be inserted here upon the property owner's initiative.)

Signature

d. Owner's Certificate (No Dedication):

If said mobile home park site plan contains no dedication to the public, streets or utilities; or should it be contemplated that the facilities of Posey County shall not be used for maintenance of streets and sidewalks, then such owner shall be required to record with such mobile home site plan, a covenant that he will maintain said streets and sidewalks in compliance with the minimum standards as established by Posey County, and that should he fail to maintain such standards in any of these respects, Posey County may, after ten (10) days notice to such owners, effect all the necessary repairs or improvements as required to maintain said minimum standards, and the cost of all these and said necessary repairs or improvements shall become a lien against said real estate; and enforced and recorded as mechanic's liens are enforced and recorded, against such real estate; and said covenant shall contain the following provision:

That (name), being the owner(s) of the real estate contained in the above attached mobile home park site plan do hereby consent that if they or their assignees, heirs or those holding or owning said land through said owner(s) fail to maintain the streets and sidewalks according to and in compliance with the minimum standards for the maintenance of streets and sidewalks established by Posey County, that after ten (10) days notice in writing to the owner of said real estate as shown upon the tax records in the Treasurer's Office of Posey County and at the address shown thereon, then said owner, assignees, heirs and those holding or owning through said owner(s) hereby authorize Posey County to make all necessary repairs and perform all necessary maintenance and further authorize said County to file a mechanic's lien against said real estate and enforce said lien pursuant to applicable laws.

10.09 AREA:

Each site upon which a mobile home is located shall conform with the following minimum requirements:

1. Each mobile home site shall be a minimum of four thousand (4,000) square feet in area and shall have a minimum of forty (40) feet at the building line.

2. The combined area occupied by a mobile home and appurtenances shall not exceed thirty

percent (30%) of the total area of the site and shall have a minimum floor area of four hundred eighty (480) square feet.

3. No mobile home site, building, structure, recreational or parking area shall be closer than:

a. Fifty (50) feet to the right-of-way line of any expressway or primary thoroughfare, as defined by the Official Road and Street Classification Map for Subdivision Control.

b. Twenty-five (25) feet to the exterior boundary of the mobile home park.

4. Each mobile home site shall front onto a street or right-of-way.

10.10 YARDS: Each mobile home site shall be subject to the following yard requirements:

1. Front yards shall not be less than fifteen (15) feet in depth.

2. Side yards on each side of the mobile home shall be not less than five (5) feet and no mobile home

shall be located closer than ten (10) feet to the adjoining mobile home unit.

3. Each mobile home site shall have a rear yard of not less than fifteen (15) feet in depth.

10.11 PAD AND SKIRTING:

Each mobile home site shall be provided with a stand consisting of either a solid concrete slab or other adequate concrete supports of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock or asphalt. Each concrete stand shall be provided with a minimum of six (6) anchor rings for each mobile home. Each mobile home unit shall have the undercarriage completely enclosed by skirting.

10.12 LANDSCAPING:

1. Lawn and ground cover provided where needed to prevent erosion of swales and slopes and other areas to obtain usable yards.

2. Lawn and ground cover shall be appropriate for the use and location.

10.13 LOT MARKERS:

The boundaries of each mobile home site shall be permanently and visibly marked on the ground by flush stakes, markers, or other suitable means approved by the Area Plan Commission. Each mobile home site shall be numbered.

10.14 OFF-STREET PARKING:

One (1) off-street parking space shall be provided for each mobile home site plus one (1) additional off-street parking space for each four (4) sites for guest parking. Each parking space shall be no less than ten (10) feet in width and twenty (20) feet in length.

10.15 STORAGE:

Suitable storage of goods and the usual effects of park residents will be contained in central waterproof structures available to all mobile home sites or in single waterproof structures at each mobile home site. Each individual storage structure shall contain a minimum of ninety (90) cubic feet. Central waterproof structures shall provide ninety (90) cubic feet of space for each mobile home site that it serves.

10.16 WATER AND SEWAGE:

Each mobile home site shall be connected with a municipal water and sewer system if such systems are adjacent to the park site or within one hundred fifty (150) feet thereof. In the event such systems are not adjacent to or within the required distance, then it shall be connected to a water system and sewage treatment and disposal system approved by the Posey County Health Department and the Indiana State Board of Health.

10.17 UTILITIES:

All interior utility lines, including, but not limited to electric, communications, street lighting, and cable television, shall be placed underground. Individual antennae for televisions may be installed on each mobile home site, but centralized antennae shall be encouraged.

10.18 COMMON WALKS:

Common walks at least three (3) feet in width shall be provided in locations where pedestrian traffic is concentrated; for example, to the entrance, and to the office and other important facilities. No walk

required herein shall be used as a drainage way.

10.19 STREET:

Access to the mobile home park shall be from a public street. The number and location of access streets shall be controlled for traffic safety and protection of surrounding properties. No mobile home site, recreation area or service facility shall be designed for direct access to a street outside the boundaries of the mobile home park. All streets with the mobile home park shall have a minimum right-of-way of forty (40) feet in width and shall be surfaced according to the standards adopted by Posey County, Indiana. In the event streets are not dedicated, the mobile home park owner shall, prior to final approval, provide written certification that lease or rental agreements contain regulations to prohibit street parking in such a manner that impedes the movement of emergency vehicles.

10.20 GRADING AND DRAINAGE:

Prior to construction, drainage plans shall be submitted to the County Surveyor and County Highway Engineer for approval. The mobile home park shall be graded and drained giving due consideration to the protection of the proposed development from inundation of flood hazard from water course and to provide for the conveyance of storm waters, both those originating outside or inside the proposed mobile home park, through the development of facilities of sufficient capacity to permit ultimate development of the upstream tributary areas, and to discharge storm waters originating within the mobile park or conveyed through the mobile home park on down-stream adjacent lands to return flow to as near pre-development conditions as possible. This does not imply that the developer make extensive or unreasonable improvements of existing inadequate drainage facilities on adjoining properties other than necessary for satisfactory operation of the drainage facilities in the proposed development.

10.21 SIGNS: All signs shall be erected and constructed in accordance with the following:

1. Two (2) unlighted single face or one (1) unlighted double face identification sign (park name and address) may be permitted at the main point of entry to the mobile home park, not exceeding twenty-four (24) square feet in area for each face. (The Plan Commission may give approval for indirect lighting).

2. One (1) unlighted sign not to exceed twelve (12) square feet in area pertaining only to the

sale or leases of any mobile home site upon which it is displayed. 3. One (1) unlighted sign not to exceed twelve (12) square feet in area pertaining only to identification or advertising of a particular building or service facility located within the mobile home park. (The Plan Commission may give approval for indirect lighting)

10.22 ILLUMINATION OF PARKS:

All mobile home parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights and at such locations within the park so as to provide safe movement of pedestrians and vehicles. Such lights shall be located at all entrances and exits and shall be so located and shielded as to prevent direct illumination of any areas outside the mobile home park.

10.23 FIRE PROTECTION:

The mobile home park shall meet the standards for adequate fire protection established by the National Fire Protection Association (NFPA NO. 501A) and all amendments thereto. No open fires shall be permitted at any time or place within the mobile home park.

10.24 TRASH AND REFUSE STORAGE:

The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harboring, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in flytight, watertight, rodent-proof containers, which shall be located not more than one hundred fifty (150) feet from any mobile home site. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse collection stands shall be so designed as to prevent containers from being tipped to minimize spillage and container deterioration and to facilitate cleaning around them. Garbage and trash, when not collected by municipally sponsored collection service, shall be collected at least twice a week during the months of June, July, August and September and at least once a week during the other months of the year. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall dispose of the refuse by incineration or transporting to disposal site outside the park area. Refuse incinerators, if provided, shall be constructed in accordance with specifications of the Indiana State Health Department. Incinerators shall be operated only when attended by some person specifically authorized by the owner or operator of the mobile home park, when not conflicting with other statutes, ordinances, or regulations.

10.25 LOCATION OF BUILDINGS AND STRUCTURES WITHIN MOBILE PARKS:

The location of buildings and structures within a mobile home park shall be subject to the following regulations:

1. No buildings or structures not located upon a mobile site shall be closer than ten (10) feet to any site line.

2. Swimming pools and related facilities and all recreational areas shall be located not less than one hundred (100) feet from the boundary of the mobile home park.

3. No dwelling shall be erected or used in any mobile home park, except that one (1) dwelling for the owner, manager, or caretaker of the mobile home park may be permitted with the approval of the Area Plan Commission.

10.26 ABANDONMENT AND EXPIRATION:

In the event a mobile home park is abandoned for a period of one (1) year, or if upon expiration of three (3) years from the zoning change so enacted, the mobile home park has not been substantially completed, as determined by the Area Plan Commission, the land so rezoned shall be rezoned by the Area Plan

Commission; after a property zoning application has been filed by the Commission to its former zoning classification. The Commission may, provided good cause is shown and upon application and public notice as required by law, grant one (1) extension for a period of one (1) year. Such application for extension shall be filed with the Commission six (6) months prior to the expiration of the aforesaid three (3) year period.

Chapter 11

RESIDENTIAL OFFICE - R-0 DISTRICT 11.01 USE REGULATIONS 11.02 AREA 11.03 YARDS 11.04 HEIGHTS The following regulations shall apply in all R-0 Districts: 11.01 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than one or more of the following specified uses:

1. Any uses permitted in an R-3 District, subject to the use, area, yard, lot coverage and minimum

floor area regulations, specified in said District.

2. Offices, professionals and businesses not involving sales or handling of merchandise on the premises.

3. Banks and Finance Offices.

4. Accessory uses and structures.

5. Other Uses: Other uses or enterprises similar to the above, which in the judgment of the

Commission are similar to and not more objectionable to the general welfare, than the uses listed. Other uses so determined shall be regarded as listed uses. In no instance, however, shall the Commission determine nor the regulations be so interpreted, that a use shall be permitted in a district where such use is specifically listed as first permissible in a less restricted district.

11.02 AREA:

Every lot upon which a structure is hereafter erected shall front onto a dedicated street or public right-of-way and shall conform to the following minimum lot area and requirements:

1. The lot area shall be a minimum of seven thousand (7000) square feet with a minimum width of

seventy (70) feet.

2. Where a lot is not served by a municipal sewer system and a private sewage disposal system is to be installed the minimum lot area shall be determined in ISBH Bulletin No. SE 13 and 410 IAC 6-10 as supplemented by all amendments thereto, and approved by the Posey County Health Department.

11.03 YARDS:

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1. FRONT YARD: a. Every lot shall have a front yard not less than twenty (20) feet in depth.

2. SIDE YARD: a. There shall be a side yard on each side, each of which shall be at least twelve and one-half percent (12 ½%) of the width of the lot width provided that no side yard shall be less than seven and one-half (7 ½) feet in width, nor shall a side yard be required greater than fifteen (15) feet for the first three (3) stories in height.

b. On corner lots a side yard of at least fifteen (15) feet shall be provided on the side of the lot abutting on the side street.

3. REAR YARD:

a. Every lot shall have a rear yard not less than twenty (20) feet in depth.

11.04 HEIGHT:

No building or structure or part thereof shall be erected or altered to a height exceeding three (3) stories, said three (3) stories not to exceed forty (40) feet.

Chapter 12

COMMERCIAL DISTRICTS

12.01 USE REGULATIONS - B-1 DISTRICT 12.02 LIMITATIONS ON USES 12.03 AREA 12.04 YARDS 12.05 HEIGHT 12.06 PURPOSE OF DISTRICT - Planned Shopping Center 12.07 USE REGULATIONS - B-1A District 12.08 LIMITATIONS ON USES 12.09 APPROVAL OF DEVELOPMENT PLANS 12.10 HEIGHT 12.11 USE REGULATIONS - B-2 DISTRICT 12.12 LIMITATIONS ON USES 12.13 AREA 12.14 YARDS 12.15 HEIGHT 12.16 USE REGULATIONS - B-3 DISTRICT 12.17 LIMITATION ON USES 12.18 AREA 12.19 YARDS 12.20 HEIGHT

The following regulations shall apply in all B-1 Districts:

12.01 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered, or used, or land used in whole or in part for other than one or more of the following specified permitted uses in accordance with the limitations herein-after specified:

1. Any use permitted in an R-1 District, except one- family or two-family dwellings. Accessory living quarters may be provided within any structures used for a permitted use. 2. The following kinds of retail stores: Book and Stationery; confectionery or ice cream; drugs; newsstand or sundry; florists; fruit or vegetables; bakery; gifts; home appliances; jewelry; package liquor; meat market or delicatessen; music; photographic supplies; shoe; clothing; variety; furniture; paint.

3. Art supplies.

4. Personal service shops.

5. Clubs or Lodges, Fraternal or Religious Associations.

6. Custom dressing, tailor or millinery shops.

7. Photographer’s Studio.

8. Radio, television and phonograph sales and service.

9. Funeral home.

10. Bicycle sales and service.

11. Accessory uses and structures.

12. The following uses if approved as a "Conditional Use":

a. Automobile service station, provided any tire repair, battery charging, and storage or

merchandise or supplies, lubricating and washing shall be conducted wholly within a building. A fence may be required to be erected and maintained between such use if abutting a "R" (Residential) District.

b. Self-service launderettes, self-service dry cleaning establishments.

c. Parking lots.

13. Other uses: Other enterprises similar to the above, which in the judgment of the

Commission are similar to and not more objectionable to the general welfare, than the uses listed. "Other Uses" so determined shall be regarded as listed uses. In no instance however, shall the Commission determine, nor the regulations be so interpreted, that a use shall be permitted in a district where such use is specifically listed as first permissible in a less restricted district.

14. *Small Engine Repair Sales and Service up to 18 HP.

15. *Chain Saw Sales and Service

16. * Power Tools Sales and Service *Amendment approved by the Posey County Commissioners Feb. 7, 1994. Book 0061, Page 593.

12.02 LIMITATION ON USES:

1. Except for accessory parking lots and service stations, all activities including sales, display, preparations and storage shall be conducted entirely within a completely enclosed building. (Except those that may be permitted by the Board).

2. All products shall be sold as retail on the premises.

12.03 AREA:

1. There shall be no required area or width of lot for a non-residential use.

2. Where a lot is not served by a municipal sewer system and a private sewage disposable system is

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to be in stalled, the minimum lot area shall be determined as defined, in SEA 13 and 410 IAC 6-10 as supplemented by all amendments thereto, and approved by the Posey County Health Department.

12.04 YARDS: 1. FRONT YARD - NON-RESIDENTIAL USE:

a. Every lot used for a non-residential use shall have a front yard of not less than ten (10) feet in depth.

b. Where a lot in B-1 District abuts upon a lot in any "R" (Residential) District in the same

block frontage, the front yard requirements of the "R" District shall apply in the B-1 District. 2. SIDE YARD - NON-RESIDENTIAL USE:

a. There shall be no required side yard for a non-residential use. Except on a corner lot, a side yard of not less than ten (10) feet in width shall be provided on the side of the lot abutting on the side street.

b. Where a lot in a B-1 District abuts upon a lot in any "R" (Residential) District, aside yard at

least twenty (20) feet in width and a minimum width of ten (10) feet of landscaped side yard shall be required on the side adjacent to said "R" District. The landscaped side yard requirements may be reduced by one-half (½) the width of any alley right-of-way adjacent thereto.

3. REAR YARD:

a. There shall be no required rear yard except where a lot in the B-1 District abuts upon a lot in any "R" (Residential) District, then a rear yard of at least ten(10) feet in depth shall be provided. The above yard requirement may be reduced by one-half (½) the width of any alley right-of-way adjacent thereto.

12.05 HEIGHT:

No building or structure, or part thereof, shall be erected or altered to a height exceeding six (6) stories not to exceed seventy-five (75) feet.

12.05 A APPROVAL OF DEVELOPMENT PLANS:

1. No building or structure disturbing one acre of land or more shall be erected, altered, or land used, nor shall an Improvement Location Permit be issued therefore, unless a development plan for such building structure and/or use shall have been presented to and approved by the Area Plan Commission.

2. Any building, structure and/or use shall be erected, altered, installed, and maintained in full

conformity with the provisions of this Ordinance and with the development plans, which have been approved by the Area Plan Commission.

3. The development plans specified herein shall be submitted to the Area Plan Commission Office

located at 123 E. Third Street, Room 223, Mt.Vernon, Indiana 47620, along with an application for approval of development plans. Also due at the time of the submission of the development plans, is an application fee as set forth in the fee schedule adopted by the Area Plan Commission. The site plan committee shall meet no later than thirty (30) days from the date of the submission of the application and development plans to review the development plan. The site plan committee of the Area Plan Commission shall consist of four (4) members of the Area Plan Commission, the Posey County Building Commissioner, the Posey County Health Department Officer, and the Posey County Surveyor. The site plan committee shall submit their proposed Findings of Fact and recommendation to the Area Plan Commission.

The site plan committee shall not approve such development plans unless it finds that such plan conforms to all applicable provisions of the Ordinance, that the safety and convenience of the public are properly provided for, and that adequate protection and seperation are provided for contiguous and nearby residential property. The site plan committee may attach to its approval of a development plan any reasonable conditions, limitations, or requirements, which are found necessary in its judgment to effectuate the purpose of this Section and to carry out the spirit and purpose of this Ordinance.

4. The Area Plan Commission will hold a public hearing on the development plan at its regularly

scheduled meeting following the site plan review. The President of the Area Plan Commission shall be responsible for signing the written Findings of Fact adopted by the Area Plan Commission. The decision of the Area Plan Commission shall be final and is appealable pursuant to Indiana statute.

5. A development plan for the purposes of this Section shall include, but not be limited to, the

following for existing as well as proposed development plans: a. Site plan with grades and contours. b. Elevations and floor plans of all buildings and structures. c. The location and capacity of draining facilities and sewer systems serving the development,

including but not limited to storm drainage and sanitary sewer system and water lines. d. All curb cuts, driveways, parking areas and surface materials of the same. e. All pedestrian walks, malls, yards, and open areas. f. Location, height, and materials of all walls, fences, and screen planting. g. Location, size, character, height, and orientation of all signs. h. Off-street parking. i. Utilities. j. Landscaping. k. The nature and intensity of uses in the develoment. l. The condition and size of public thoroughfares and parking, vehicle and pedestrian facilities. m. Supporting information concerning the above. 6. In passing upon and approving development plans, the Area Plan Commission shall consider the

following: a. Compatibility of the development with surrounding land uses. b. Availability and coordination of water, sanitary sewers, storm water draining and other utilities. c. Management of traffic in a manner that creates conditions favorable to health, safety,

convenience, and the harmonious development of the community. This includes but is not limited to consideration that the design and location of the proposed street and highway access points minimize safety hazards and congestion, that the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development and that the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

d. Building setback lines. e. Building coverage. f. Building separation. g. Vehicle and pedestrian circulation. h. Parking. i. Landscaping. j. Height, scale, materials and style of improvements. k. Signage. l. Recreation space. m. Outdoor lighting. n. Conformance with the Posey County Zoning Ordinance and with the Posey County

Comprehensive Plan. 7. The Area Plan Commission may impose conditions on the approval of a development plan if the

conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan. In addition the Area Plan Commission may also provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that is satisfactory to the plan commission and that guarantees the timely completion of a proposed public improvement in the proposed development.

Amendment approved by Posey County Commissioners December 13, 2007 PLANNED SHOPPING CENTER - B-1A DISTRICT

The following regulations shall apply in all B-1A Districts:

12.06 PURPOSE OF DISTRICT:

The B-1A Planned Shopping Center District is intended for locations where there is a need for controlling the design and arrangement of buildings and structures, access and circulations, and the regulation to the surrounding areas to provide for efficient functioning of the shopping areas and to insure adequate protection to adjacent and nearby residential areas. These objectives can only be defined in general terms, and their realization can only be attained by review and specific approval of the site plans for each development in such Planned Shopping Center Districts.

12.07 USE REGULATIONS:

1. Any use permitted in a B-1 District, subject to the use, area, yard, lot coverage, and minimum

floor area regulations specified in said District.

2. Supermarkets.

3. Discount store.

4. Pet shops.

5. Floor covering.

6. Plants and shrubs.

7. Department store.

8. Self-service launderettes and dry-cleaning establishments.

9. Automobile Service Station.

10. Other uses: Other uses or enterprises similar to the above, which in the judgment of the Commission are similar to and not more objectionable to the general welfare, than the uses listed.

12.08 LIMITATIONS ON USES:

1. Except for automobile parking lots and filling stations, all activities, including preparation and storage, shall be conducted entirely within a completely enclosed building. (Except those that may be permitted by the Board).

2. No used or second hand merchandise shall be offered for sale, displayed, or stored.

3. All products shall be sold as retail on the premises.

12.09 APPROVAL OF DEVELOPMENT PLANS: 1. No building or structure disturbing one acre of land or more shall be erected, altered, or land used,

nor shall an Improvement Location Permit be issued therefore, unless a development plan for such building structure and/or use shall have been presented to and approved by the Area Plan Commission.

2. Any building, structure and/or use shall be erected, altered, installed, and maintained in full

conformity with the provisions of this Ordinance and with the development plans, which have been approved by the Area Plan Commission.

3. The development plans specified herein shall be submitted to the Area Plan Commission Office

located at 123 E. Third Street, Room 223, Mt.Vernon, Indiana 47620, along with an application for approval of development plans. Also due at the time of the submission of the development plans, is an application fee as set forth in the fee schedule adopted by the Area Plan Commission. The site plan committee shall meet no later than thirty (30) days from the date of the submission of the application and development plans to review the development plan. The site plan committee of the Area Plan Commission shall consist of four (4) members of the Area Plan Commission, the Posey County Building Commissioner, the Posey County Health Department Officer, and the Posey County Surveyor. The site plan committee shall submit their proposed Findings of Fact and recommendation to the Area Plan Commission.

The site plan committee shall not approve such development plans unless it finds that such plan conforms to all applicable provisions of the Ordinance, that the safety and convenience of the public are properly provided for, and that adequate protection and seperation are provided for contiguous and nearby residential property. The site plan committee may attach to its approval of a development plan any reasonable conditions, limitations, or requirements, which are found necessary in its judgment to effectuate the purpose of this Section and to carry out the spirit and purpose of this Ordinance.

4. The Area Plan Commission will hold a public hearing on the development plan at its regularly

scheduled meeting following the site plan review. The President of the Area Plan Commission shall be responsible for signing the written Findings of Fact adopted by the Area Plan Commission. The decision of the Area Plan Commission shall be final and is appealable pursuant to Indiana statute.

5. A development plan for the purposes of this Section shall include, but not be limited to, the

following for existing as well as proposed development plans: a. Site plan with grades and contours. b. Elevations and floor plans of all buildings and structures. c. The location and capacity of draining facilities and sewer systems serving the development,

including but not limited to storm drainage and sanitary sewer system and water lines. d. All curb cuts, driveways, parking areas and surface materials of the same. e. All pedestrian walks, malls, yards, and open areas. f. Location, height, and materials of all walls, fences, and screen planting. g. Location, size, character, height, and orientation of all signs. h. Off-street parking. i. Utilities. j. Landscaping. k. The nature and intensity of uses in the develoment. l. The condition and size of public thoroughfares and parking, vehicle and pedestrian facilities. m. Supporting information concerning the above. 6. In passing upon and approving development plans, the Area Plan Commission shall consider the

following: a. Compatibility of the development with surrounding land uses. b. Availability and coordination of water, sanitary sewers, storm water draining and other utilities. c. Management of traffic in a manner that creates conditions favorable to health, safety,

convenience, and the harmonious development of the community. This includes but is not limited to consideration that the design and location of the proposed street and highway access points minimize safety hazards and congestion, that the capacity of adjacent streets and

highways is sufficient to safely and efficiently accept traffic that will be generated by the new development and that the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

d. Building setback lines. e. Building coverage. f. Building separation. g. Vehicle and pedestrian circulation. h. Parking. i. Landscaping. j. Height, scale, materials and style of improvements. k. Signage. l. Recreation space. m. Outdoor lighting. n. Conformance with the Posey County Zoning Ordinance and with the Posey County

Comprehensive Plan. 7. The Area Plan Commission may impose conditions on the approval of a development plan if the

conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan. In addition the Area Plan Commission may also provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that is satisfactory to the plan commission and that guarantees the timely completion of a proposed public improvement in the proposed development.

Amendment approved by Posey County Commissioners December 13, 2007 12.10 HEIGHT:

No building or structure shall be erected or altered to a height exceeding four (4) stories, not to exceed fifty (50) feet.

CENTRAL BUSINESS - B-2 DISTRICT

The following regulations shall apply in all B-2 Districts.

12.11 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than one or more of the following specified uses in accordance with the limitations hereafter specified:

1. Any use permitted in B-1A District, subject to the use regulations specified in said District.

2. Hotels and Motels.

3. Taverns, bars, night clubs, dance halls, restaurants.

4. Auction Galleries.

5. Bus Terminal.

6. Automobile, truck and motorcycle agencies (New).

7. Employment Office.

8. Taxidermist.

9. Blue printing and photostating, printing and publishing.

10. Pawnshops.

11. Parking lot or parking garage.

12. Amusement enterprise, including billiard or pool hall, bowling alley, games of skill, and the like.

13. Boat sales, service and rentals (including motors and accessories).

14. Other uses: Other uses or enterprises similar to and not more objectionable to the general welfare,

than the uses listed. Other Uses so determined shall be regarded as listed uses.

12.12 LIMITATIONS ON USES:

1. Except for automobile service stations, parking lots, and bus terminals, all activities, including preparation and storage, shall be conducted entirely within a completely enclosed building.

2. No second-hand or used merchandise shall be offered for sale, displayed, or stored, except in

connection with an antique store, art or auction gallery, pawn shop or new automobile agency.

3. All products shall be sold as retail on the premises.

12.13 AREA:

1. Non-Residential Use:

a. There shall be no required area or width of Lot for non-residential uses.

12.14 YARDS:

1. Yard requirements shall be as required in Section 11.04 of this Ordinance.

12.15 HEIGHT:

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1. No building or structure, or part thereof, shall be erected or altered to a height exceeding

Seventy-five (75) feet. 12.15 A APPROVAL OF DEVELOPMENT PLANS:

1. No building or structure disturbing one acre of land or more shall be erected, altered, or land used, nor shall an Improvement Location Permit be issued therefore, unless a development plan for such building structure and/or use shall have been presented to and approved by the Area Plan Commission.

2. Any building, structure and/or use shall be erected, altered, installed, and maintained in full

conformity with the provisions of this Ordinance and with the development plans, which have been approved by the Area Plan Commission.

3. The development plans specified herein shall be submitted to the Area Plan Commission Office

located at 123 E. Third Street, Room 223, Mt.Vernon, Indiana 47620, along with an application for approval of development plans. Also due at the time of the submission of the development plans, is an application fee as set forth in the fee schedule adopted by the Area Plan Commission. The site plan committee shall meet no later than thirty (30) days from the date of the submission of the application and development plans to review the development plan. The site plan committee of the

Area Plan Commission shall consist of four (4) members of the Area Plan Commission, the Posey

County Building Commissioner, the Posey County Health Department Officer, and the Posey County Surveyor. The site plan committee shall submit their proposed Findings of Fact and recommendation to the Area Plan Commission.

The site plan committee shall not approve such development plans unless it finds that such plan conforms to all applicable provisions of the Ordinance, that the safety and convenience of the public are properly provided for, and that adequate protection and separation are provided for contiguous and nearby residential property. The site plan committee may attach to its approval of a development plan any reasonable conditions, limitations, or requirements, which are found necessary in its judgment to effectuate the purpose of this Section and to carry out the spirit and purpose of this Ordinance.

4. The Area Plan Commission will hold a public hearing on the development plan at its regularly

scheduled meeting following the site plan review. The President of the Area Plan Commission shall be responsible for signing the written Findings of Fact adopted by the Area Plan Commission. The decision of the Area Plan Commission shall be final and is appealable pursuant to Indiana statute.

5. A development plan for the purposes of this Section shall include, but not be limited to, the

following for existing as well as proposed development plans: a. Site plan with grades and contours. b. Elevations and floor plans of all buildings and structures. c. The location and capacity of draining facilities and sewer systems serving the development,

including but not limited to storm drainage and sanitary sewer system and water lines.

d. All curb cuts, driveways, parking areas and surface materials of the same. e. All pedestrian walks, malls, yards, and open areas. f. Location, height, and materials of all walls, fences, and screen planting. g. Location, size, character, height, and orientation of all signs. h. Off-street parking. i. Utilities. j. Landscaping. k. The nature and intensity of uses in the development. l. The condition and size of public thoroughfares and parking, vehicle and pedestrian facilities. m. Supporting information concerning the above. 6. In passing upon and approving development plans, the Area Plan Commission shall consider the

following: a. Compatibility of the development with surrounding land uses. b. Availability and coordination of water, sanitary sewers, storm water draining and other utilities. c. Management of traffic in a manner that creates conditions favorable to health, safety,

convenience, and the harmonious development of the community. This includes but is not limited to consideration that the design and location of the proposed street and highway access points minimize safety hazards and congestion, that the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development and that the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

d. Building setback lines. e. Building coverage. f. Building separation. g. Vehicle and pedestrian circulation. h. Parking. i. Landscaping. j. Height, scale, materials and style of improvements. k. Signage. l. Recreation space. m. Outdoor lighting. n. Conformance with the Posey County Zoning Ordinance and with the Posey County

Comprehensive Plan. 7. The Area Plan Commission may impose conditions on the approval of a development plan if the

conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan. In addition the Area Plan Commission may also provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that is satisfactory to the plan commission and that guarantees the timely completion of a proposed public improvement in the proposed development.

Amendment approved by Posey County Commissioners December 13, 2007 GENERAL COMMERCIAL - B-3 DISTRICT

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12.16 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than one or more of the following specified uses in accordance with the limitations hereafter specified:

1. Any use permitted in the "B-2" District, subject to the use regulations specified in said District.

2. Used automobile, truck, trailer, motorcycle sales, rentals, repair and service garages.

3. Automobile seat cover installation.

4. Pest control agencies.

5. Research and testing laboratory.

6. Laundries and dry-cleaning establishments.

7. Drive-in businesses, including theaters, refreshments stands and restaurants.

8. Veterinary, veterinary clinic and boarding kennel.

9. Sale and display of the following:

Agricultural equipment, building supplies, industrial and construction equipment, restaurant and hotel supplies and equipment, swimming pool supplies and equipment, welding supplies and equipment.

10. The following service establishments:

Battery, radiator sales and repair, fruit packing and shipping, rug cleaning plants.

11. The following repair and shop uses: Home appliance, awning and canvas, cabinet, carpenter, building contractor, electrical contractor, furniture repair, glass, heating contractor, roofing contractor, upholstering and welding.

12. The following wholesale and retail uses:

Farmer's Co-op, feed and seed, package Fertilizer, cold storage plant, ice storage, wholesale establishment, greenhouse and wholesale growers.

13. Uses to be conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid or opaque fence (with necessary openings) not less than six (6) feet in height: Freight, truck yard or terminal, lumber yard, building material and yard sales, including the sale of rock, sand, gravel and the like, as an incidental part of the main business, but excluding concrete batch plants. 14. Accessory Uses and Structures:

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*Structures for the rental of storage space to the public. 15. Other uses:

Other uses or enterprises similar to the above, which in the judgment of the Commission are similar to and not more objectionable to the general welfare than the uses listed. "Other Uses" so determined shall be regarded as listed uses, in no instance, however, shall the Commission determine, nor the regulations be so interpreted, that a use shall be permitted in a District when such use is specifically listed as first permissible in a less restricted District.

*Amendment approved by the Posey County Commissioners August 21, 1995. Book 0064, Page 433.

12.17 LIMITATION ON USES:

1. Open storage of material and equipment shall be permitted only when incidental to the use of an office, store or commercial building located on the front portion of the same lot.

2. The storage area shall be enclosed by a solid or opaque fence (with necessary openings) not less than six (6) feet in height.

3. No material or equipment shall be stored to a height greater than that of the fence enclosing the storage area.

12.18 AREA:

1. There shall be no required areas or width of lot.

2. Where a lot is not served by a municipal sewer system and a private sewage disposal system is to be installed the minimum lot area shall be determined as defined in ISBH Bulletin No. SE 13 and 410 IAC 6-10 as supplemented by all amendments thereto, and approved by the Posey County Health Department.

12.19 YARDS:

1. FRONT YARDS:

a. Every lot shall have a front yard of not less than ten (10) feet in depth.

b. Where a lot in a B-3 District abuts upon a lot in any "R" (Residential) District in the same block frontage, the front yard requirements of the "R" District shall apply in the B-3 District.

2. SIDE YARD:

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a. There shall be no required side yard, except on corner lots where a side yard of not less than ten (10) feet in width shall be provided on the side of the lot abutting on the side street.

b. Where a lot in a B-3 District abuts upon a lot in any "R" (Residential) District, aside yard of

at least twenty (20) feet in width and a minimum width of ten (10) feet of landscaped side yard shall be required on the side adjacent to said "R" District. The landscaped side yard requirements may be reduced by one-half (½) the width of any alley right-of-way adjacent thereto.

3. REAR YARD:

a. There shall be no required rear yard, except where a lot in the B-3 District abuts upon a lot in

any "R" (Residential) District, a rear yard of at least ten (10) feet in depth shall be provided. The above yard requirement may be reduced by one-half (½) the width of any alley right-of-way adjacent thereto.

12.20 HEIGHT:

No building or structure, or part thereto, shall be erected or altered to a height exceeding six (6) stories; not to exceed seventy-five (75) feet.

12.21 APPROVAL OF DEVELOPMENT PLANS:

1. No building or structure disturbing one acre of land or more shall be erected, altered, or land used,

nor shall an Improvement Location Permit be issued therefore, unless a development plan for such building structure and/or use shall have been presented to and approved by the Area Plan Commission.

2. Any building, structure and/or use shall be erected, altered, installed, and maintained in full

conformity with the provisions of this Ordinance and with the development plans, which have been approved by the Area Plan Commission.

3. The development plans specified herein shall be submitted to the Area Plan Commission Office

located at 123 E. Third Street, Room 223, Mt.Vernon, Indiana 47620, along with an application for approval of development plans. Also due at the time of the submission of the development plans, is an application fee as set forth in the fee schedule adopted by the Area Plan Commission. The site plan committee shall meet no later than thirty (30) days from the date of the submission of the application and development plans to review the development plan. The site plan committee of the Area Plan Commission shall consist of four (4) members of the Area Plan Commission, the Posey County Building Commissioner, the Posey County Health Department Officer, and the Posey County Surveyor. The site plan committee shall submit their proposed Findings of Fact and recommendation to the Area Plan Commission.

The site plan committee shall not approve such development plans unless it finds that such plan conforms to all applicable provisions of the Ordinance, that the safety and convenience of the public are properly provided for, and that adequate protection and seperation are provided for contiguous and nearby residential property. The site plan committee may attach to its approval of a

development plan any reasonable conditions, limitations, or requirements, which are found necessary in its judgment to effectuate the purpose of this Section and to carry out the spirit and purpose of this Ordinance.

4. The Area Plan Commission will hold a public hearing on the development plan at its regularly

scheduled meeting following the site plan review. The President of the Area Plan Commission shall be responsible for signing the written Findings of Fact adopted by the Area Plan Commission. The decision of the Area Plan Commission shall be final and is appealable pursuant to Indiana statute.

5. A development plan for the purposes of this Section shall include, but not be limited to, the

following for existing as well as proposed development plans: a. Site plan with grades and contours. b. Elevations and floor plans of all buildings and structures. c. The location and capacity of draining facilities and sewer systems serving the development,

including but not limited to storm drainage and sanitary sewer system and water lines. d. All curb cuts, driveways, parking areas and surface materials of the same. e. All pedestrian walks, malls, yards, and open areas. f. Location, height, and materials of all walls, fences, and screen planting. g. Location, size, character, height, and orientation of all signs. h. Off-street parking. i. Utilities. j. Landscaping. k. The nature and intensity of uses in the development. l. The condition and size of public thoroughfares and parking, vehicle and pedestrian facilities. m. Supporting information concerning the above. 6. In passing upon and approving development plans, the Area Plan Commission shall consider the

following: a. Compatibility of the development with surrounding land uses. b. Availability and coordination of water, sanitary sewers, storm water draining and other utilities. c. Management of traffic in a manner that creates conditions favorable to health, safety,

convenience, and the harmonious development of the community. This includes but is not limited to consideration that the design and location of the proposed street and highway access points minimize safety hazards and congestion, that the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development and that the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

d. Building setback lines. e. Building coverage. f. Building separation. g. Vehicle and pedestrian circulation. h. Parking. i. Landscaping. j. Height, scale, materials and style of improvements. k. Signage. l. Recreation space. m. Outdoor lighting.

n. Conformance with the Posey County Zoning Ordinance and with the Posey County Comprehensive Plan.

7. The Area Plan Commission may impose conditions on the approval of a development plan if the

conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan. In addition the Area Plan Commission may also provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that is satisfactory to the plan commission and that guarantees the timely completion of a proposed public improvement in the proposed development.

Amendment approved by Posey County Commissioners December 13, 2007

Chapter 13 LIGHT INDUSTRIAL - M-1 DISTRICT

13.01 USE REGULATION - M-1 DISTRICT 13.02 AREA 13.03 YARDS 13.04 HEIGHT 13.05 LOT COVERAGE 13.06 USE REGULATION - M-2 DISTRICT 13.07 SPECIAL USES 13.08 AREA 13.09 YARDS 13.10 HEIGHT 13.11 LOT COVERAGE 13.12 LIMITATION OF USES The following regulations shall apply in all M-1 Districts:

13.01 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than one or more of the following uses:

1. Any commercial use permitted in a B-3 District, but excluding all other buildings or structures used

for dwelling purposes, subject to the use regulations specified in said District.

2. Uses to be conducted wholly within a completely enclosed building, except for on-site parking or delivery vehicles and necessary storage which are incidental thereto.

a. Any storage area shall be enclosed by a solid or opaque fence (with necessary openings) not less

than six (6) feet in height.

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b. No material or equipment shall be stored to a height greater than that of the fence enclosing the storage area.

3. The manufacturing of the following:

a. Beverage (non-alcoholic) manufacturing and blending.

b. Broom and brush.

c. Boats, building and repair.

d. Carbon paper, ink ribbons, ink.

e. Chemicals (packaging only).

f. lay products, pottery, tile (glazed) or similar products.

g. Clocks and watches.

h. Cloth products, including canvas, clothing, garments.

i. Cosmetics and toiletries.

j. Electrical appliance and apparatus assembly (small) including fans, fixtures, hotplates, irons, mixers, motion picture and camera equipment, phonographs, radios, television sets, toasters, toys, cable or wire assemblies, batteries (dry cell), insulation, lamps, switches or similar products.

k. Food processing, (except slaughtering of meat or preparation of fish) including bakery, chewing gum, candy, coffee, tea, spices, margarine, and similar products.

l. Glass products from previously manufactured glass.

m. Business machines, including accounting machines.

n. Jewelry, luggage, optical equipment, artificial flowers, novelty products (from prepared materials).

o. Medical appliances, including braces, limbs, stretchers, supports, or similar appliances.

p. Pharmaceutical products (compounding only).

q. Precision instruments.

r. Plastic products such as automobile trim, tableware, phonograph records, figurines, art goods or similar products.

s. Toys, games, bicycles, scooters, wagons, or similar products.

t. Rebuilding of automotive parts, automotive overhauling and automotive paint and body shops (within an enc

u. Soap, detergents, washing or cleaning formulas.

v. Wood products, furniture, baskets, boxes, crates, or similar products.

w. Grain blending and packaging, milling and storage.

x. Accessory uses and structures.

y. Other uses: Other industrial uses or enterprises similar to the above, which in the judgment of the Commissiregulations be so interpreted, that a use shall be permitted in a district when such use is specifically listed as first permissible in a less restricted District.

4. Roadside stands offering for sale agricultural or other products are a permitted use in All Districts,

provided said stand is located at least fifty (50) feet from the front property line and that off street parking is provided.9

13.02 AREA:

There shall be no required area or width of lot.

13.03 YARDS:

9 Amendment approved by the Posey County Area Plan Commission June 13, 1996.

1. FRONT YARD:

a. There shall be a front yard not less than forty percent (40%) of the width of the right-of-way, but

in no case less than twenty-five (25) feet, the required front yard shall be landscaped.

2. SIDE YARD:

a. There shall be no required side yard, except where a lot in the M-1 District abuts upon a lot in any "R" (Residential) District, then there shall be a side yard not less than thirty (30) feet in width and a minimum width of ten (10) feet of landscaped side yard shall be required on the side adjacent to said "R" District. The landscaped side yard requirement may be reduced by one-half (½) the width of any alley right-of-way adjacent thereto.

3. STREET SIDE YARD:

a. A side yard of not less than ten (10) feet in width shall be provided on the side of the lot abutting

on the side street.

4. REAR YARD:

a. There shall be no required rear yard, except where a lot in the M-1 District abuts upon a lot in

any "R" (Residential) District, then a rear yard of at least twenty (20) feet in depth shall be provided. The rear yard requirement may be reduced by one-half (½) the width of any alley right-of-way adjacent thereto.

13.04 HEIGHT:

There shall be no required height limitation, except that may be required by other laws or ordinances.

13.05 LOT COVERAGE:

The combined area occupied by all principal and accessory buildings shall not exceed sixty-five percent (65%) of the lot area.

13.05 A APPROVAL OF DEVELOPMENT PLANS:

1. No building or structure disturbing one acre of land or more shall be erected, altered, or land used,

nor shall an Improvement Location Permit be issued therefore, unless a development plan for such building structure and/or use shall have been presented to and approved by the Area Plan Commission.

2. Any building, structure and/or use shall be erected, altered, installed, and maintained in full

conformity with the provisions of this Ordinance and with the development plans, which have been approved by the Area Plan Commission.

3. The development plans specified herein shall be submitted to the Area Plan Commission Office

located at 123 E. Third Street, Room 223, Mt.Vernon, Indiana 47620, along with an application for approval of development plans. Also due at the time of the submission of the development plans, is an application fee as set forth in the fee schedule adopted by the Area Plan Commission. The site plan committee shall meet no later than thirty (30) days from the date of the submission of the application and development plans to review the development plan. The site plan committee of the Area Plan Commission shall consist of four (4) members of the Area Plan Commission, the Posey County Building Commissioner, the Posey County Health Department Officer, and the Posey County Surveyor. The site plan committee shall submit their proposed Findings of Fact and recommendation to the Area Plan Commission.

The site plan committee shall not approve such development plans unless it finds that such plan conforms to all applicable provisions of the Ordinance, that the safety and convenience of the public are properly provided for, and that adequate protection and seperation are provided for contiguous and nearby residential property. The site plan committee may attach to its approval of a development plan any reasonable conditions, limitations, or requirements, which are found necessary in its judgment to effectuate the purpose of this Section and to carry out the spirit and purpose of this Ordinance.

4. The Area Plan Commission will hold a public hearing on the development plan at its regularly scheduled meeting following the site plan review. The President of the Area Plan Commission shall be responsible for signing the written Findings of Fact adopted by the Area Plan Commission. The decision of the Area Plan Commission shall be final and is appealable pursuant to Indiana statute.

5. A development plan for the purposes of this Section shall include, but not be limited to, the

following for existing as well as proposed development plans: a. Site plan with grades and contours. b. Elevations and floor plans of all buildings and structures. c. The location and capacity of draining facilities and sewer systems serving the development,

including but not limited to storm drainage and sanitary sewer system and water lines. d. All curb cuts, driveways, parking areas and surface materials of the same. e. All pedestrian walks, malls, yards, and open areas. f. Location, height, and materials of all walls, fences, and screen planting. g. Location, size, character, height, and orientation of all signs. h. Off-street parking. i. Utilities. j. Landscaping. k. The nature and intensity of uses in the develoment. l. The condition and size of public thoroughfares and parking, vehicle and pedestrian facilities. m. Supporting information concerning the above. 6. In passing upon and approving development plans, the Area Plan Commission shall consider the

following: a. Compatibility of the development with surrounding land uses. b. Availability and coordination of water, sanitary sewers, storm water draining and other utilities. c. Management of traffic in a manner that creates conditions favorable to health, safety,

convenience, and the harmonious development of the community. This includes but is not limited to consideration that the design and location of the proposed street and highway access points minimize safety hazards and congestion, that the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development and that the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

d. Building setback lines. e. Building coverage. f. Building separation. g. Vehicle and pedestrian circulation. h. Parking. i. Landscaping. j. Height, scale, materials and style of improvements. k. Signage. l. Recreation space. m. Outdoor lighting. n. Conformance with the Posey County Zoning Ordinance and with the Posey County

Comprehensive Plan. 7. The Area Plan Commission may impose conditions on the approval of a development plan if the

conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan. In addition the Area Plan Commission may also provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that is satisfactory to the plan commission and that guarantees the timely completion of a proposed public improvement in the proposed development.

Amendment approved by Posey County Commissioners December 13, 2007 HEAVY INDUSTRIAL - M-2 DISTRICT

13.06 USE REGULATIONS:

No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than one or more of the following specified manufacturing uses:

1. Any manufacturing use permitted in an M-1 District.

2. Alcohol.

3. Aircraft.

4. Automobile, truck, trailers.

5. Boiler works.

6. Brick, tile, clay, or similar products.

7. Concrete and concrete batch plants.

8. Furniture manufacture.

9. Glass and glass products.

10. Graphite and graphite products.

11. Linoleum and other hard surfaced floor covering.

12. Machinery, heavy manufacturing and repair including electrical, construction, mining and

agriculture.

13. Metal foundries.

14. Metal stamping and extrusion of metal products.

15. Pottery or porcelain products including bathroom or kitchen fixtures or similar products.

16. Plastic products including the processing of raw materials.

17. Railroad repair and overhaul shops and railroad car and locomotive manufacturers.

18. Refrigerators, air conditioning, or furnace manufacture.

19. Roofing and roof materials.

20. Rubber products including tires, tubes, etc.

21. Other uses not prohibited by law, not specifically permitted by this Ordinance, and approved by

the Plan Commission after a public hearing, shall be considered as listed uses.

22. Paper mills and paper products, but not including pulping mills.

23. Smelters.

24. Sand or gravel recovery operations.

25. Roadside stands offering for sale agricultural or other products are a permitted use in All Districts, provided said stand is located at least fifty (50) feet from the front property line and that off-street parking is provided.10

13.07 SPECIAL USES:

Subject to the provisions of Section 16.10 of this Ordinance.

1. Acetylene gas manufacturing.

2. Acid manufacturing.

3. Ammonia bleach powder.

4. Arsenal.

5. Asphalt manufacturing or refining.

6. Coke ovens.

7. Chemicals.

8. Creosote treatment or manufacture.

9. Distillation of bones, coal, or wood.

10 Amendment approved by the Posey County Area Plan Commission June 13, 1996.

10. Paper pulping mills.

11. Fireworks or explosive manufacturing or storage.

12. Glue manufacturing.

13. Gunpowder manufacture or storage.

14. Incinerator, municipal or private and solid waste land fills.

15. Junk, salvage, auto, wrecking yard.

16. Meat, fish slaughter and processing.

17. Mining - shaft or strip.

18. Paint, oil, shellac, turpentine, lacquer or varnish manufacturing.

19. Paper mills and paper products.

20. Petroleum or petroleum products, refining and storage.

21. Rock crushing.

22. Smelters

23. Stock yards or feeding lots.

24. Stone quarry.

25. Sulfuric, nitric, hydrochloric or pectic acid manufacture.

26. Tar distillation or manufacture.

27. Vinegar manufacture.

28. Yeast plant.

29. And, in general, those uses which have been declared a nuisance in any court record or which is, or

may be, unreasonable, obnoxious, or offensive in the opinion of the Area Plan Commission, by reason of emission of odor, vapor, smoke, gas or noise.

13.08 AREA:

There shall be no required area or width of lot.

13.09 YARDS:

1. FRONT YARD:

a. Same as M-1 District - Section 13.03 (1)

2. SIDE YARD:

a. Same as M-1 District - Section 13.03 (2)

3. STREET SIDE YARD:

a. Same as M-1 District - Section 13.03 (3)

4. REAR YARD:

a. Same as M-1 District - Section 13.03 (4)

13.10 HEIGHT:

Same as M-1 District - Section 13.04.

13.11 LOT COVERAGE:

Same as M-1 District - Section 13.05.

13.12 LIMITATION OF USES:

There shall be no limitations on uses, except that no use shall be permitted that may, in the opinion of the Plan Commission, endanger the health, safety or welfare of the community.

13.13 APPROVAL OF DEVELOPMENT PLANS: 1. No building or structure disturbing one acre of land or more shall be erected, altered, or land used,

nor shall an Improvement Location Permit be issued therefore, unless a development plan for such building structure and/or use shall have been presented to and approved by the Area Plan Commission.

2. Any building, structure and/or use shall be erected, altered, installed, and maintained in full

conformity with the provisions of this Ordinance and with the development plans, which have been

approved by the Area Plan Commission. 3. The development plans specified herein shall be submitted to the Area Plan Commission Office

located at 123 E. Third Street, Room 223, Mt.Vernon, Indiana 47620, along with an application for approval of development plans. Also due at the time of the submission of the development plans, is an application fee as set forth in the fee schedule adopted by the Area Plan Commission. The site plan committee shall meet no later than thirty (30) days from the date of the submission of the application and development plans to review the development plan. The site plan committee of the Area Plan Commission shall consist of four (4) members of the Area Plan Commission, the Posey County Building Commissioner, the Posey County Health Department Officer, and the Posey County Surveyor. The site plan committee shall submit their proposed Findings of Fact and recommendation to the Area Plan Commission.

The site plan committee shall not approve such development plans unless it finds that such plan conforms to all applicable provisions of the Ordinance, that the safety and convenience of the public are properly provided for, and that adequate protection and seperation are provided for contiguous and nearby residential property. The site plan committee may attach to its approval of a development plan any reasonable conditions, limitations, or requirements, which are found necessary in its judgment to effectuate the purpose of this Section and to carry out the spirit and purpose of this Ordinance.

4. The Area Plan Commission will hold a public hearing on the development plan at its regularly

scheduled meeting following the site plan review. The President of the Area Plan Commission shall be responsible for signing the written Findings of Fact adopted by the Area Plan Commission. The decision of the Area Plan Commission shall be final and is appealable pursuant to Indiana statute.

5. A development plan for the purposes of this Section shall include, but not be limited to, the

following for existing as well as proposed development plans: a. Site plan with grades and contours. b. Elevations and floor plans of all buildings and structures. c. The location and capacity of draining facilities and sewer systems serving the development,

including but not limited to storm drainage and sanitary sewer system and water lines. d. All curb cuts, driveways, parking areas and surface materials of the same. e. All pedestrian walks, malls, yards, and open areas. f. Location, height, and materials of all walls, fences, and screen planting. g. Location, size, character, height, and orientation of all signs. h. Off-street parking. i. Utilities. j. Landscaping. k. The nature and intensity of uses in the development. l. The condition and size of public thoroughfares and parking, vehicle and pedestrian facilities. m. Supporting information concerning the above. 6. In passing upon and approving development plans, the Area Plan Commission shall consider the

following: a. Compatibility of the development with surrounding land uses.

b. Availability and coordination of water, sanitary sewers, storm water draining and other utilities. c. Management of traffic in a manner that creates conditions favorable to health, safety,

convenience, and the harmonious development of the community. This includes but is not limited to consideration that the design and location of the proposed street and highway access points minimize safety hazards and congestion, that the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development and that the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

d. Building setback lines. e. Building coverage. f. Building separation. g. Vehicle and pedestrian circulation. h. Parking. i. Landscaping. j. Height, scale, materials and style of improvements. k. Signage. l. Recreation space. m. Outdoor lighting. n. Conformance with the Posey County Zoning Ordinance and with the Posey County

Comprehensive Plan. 7. The Area Plan Commission may impose conditions on the approval of a development plan if the

conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan. In addition the Area Plan Commission may also provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that is satisfactory to the plan commission and that guarantees the timely completion of a proposed public improvement in the proposed development.

Amendment approved by Posey County Commissioners December 13, 2007

Chapter 14

FLOOD HAZARD AREAS FOR POSEY COUNTY, INDIANA 14.01 STATUTORY AUTHORIZATION 14.02 STATEMENT OF PURPOSE 14.03 DEFINITIONS 14.04 DUTIES OF THE ADMINISTRATOR 14.05 REGULATORY FLOOD ELEVATION 14.06 IMPROVEMENT LOCATION PERMIT 14.07 PREVENTING INCREASED DAMAGES 14.08 PROTECTING BUILDINGS 14.09 OTHER DEVELOPMENT REQUIREMENTS 14.10 VARIANCES

14.11 DISCLAIMER OF LIABILITY 14.12 VIOLATIONS 14.13 ABROGATION AND GREATER RESTRICTIONS 14.14 SEPARABILITY 14.15 EFFECTIVE DATE

14.01 STATUTORY AUTHORIZATION

The Indiana Legislature granted the power to local units of government (IC 36-7-4) to control land use within their jurisdictions in order to accomplish the following:

14.02 STATEMENT OF PURPOSE

The purpose of this ordinance is to guide development in the flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief. Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the Posey County Commissioners hereby adopt the flowing flood plain management regulations in order to accomplish the following:

A. to prevent unwise developments from increasing flood or drainage hazards to others;

B. to protect new buildings and major improvements to buildings from flood damage;

C. to protect human life and health from the hazards of flooding

D. to lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public

facilities and utilities, and flood rescue and relief operations;

E. to maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and

F. to make federally subsidized flood insurance available for structures and their contents in Posey

County by fulfilling the requirements of the National Flood Insurance Program

14.03 DEFINITIONS

For the purpose of this ordinance, the following definitions are adopted:

A.Building - see "Structure".

B. Development - any man-made change to improved or unimproved real estate including but not limited to:

1. construction, reconstruction, or placement of a buildings or any addition to a building. 2. installing a manufactured home on a site, preparing a site for a manufactured home or installing

a recreational vehicle or travel trailer on a site for more than one hundred eighty (180) days;

3. installing utilities, erection of walls and fences, construction of roads, or similar projects;

4. construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;

5. mining, dredging, filling, grading, excavation, or drilling operations;

6. construction and / or reconstruction of bridges or culverts;

7. storage of materials; or

8. any other activity that might change the direction, height, or velocity of flood or surface waters.

"Development" does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.

C. Existing manufactured home park or subdivision - means a manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

D. Expansion to an existing manufactured home park or subdivision - means the preparation of

additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

E. FEMA - Federal Emergency Management Agency1

F. FHBM - means Flood Hazard Boundary Map.

G. FIRM - means Flood Insurance Rate Map

H. Flood - a general and temporary condition of partial or complete inundation of normally dry land

areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

I. Floodplain - the channel proper and the areas adjoining any wetland, lake or watercourse which

have been or here-after may be covered by the regulatory flood. The flood-plain includes both the floodway and the floodway fringe districts.

J. Flood Protection Grade or the "FPG" - means the elevation of the regulatory flood plus two (2)

1 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

feet at any given location in the SFHA

K. Floodway - means the channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

L. Floodway fringe - means those portions of the floodplain lying outside the floodway.

M. Letter of Map Revision (LOMA) - an amendment to the currently effective FEMA map that

establishes that a property is not located in a Special Flood Hazard Area (SFHA). A LOMA is only used by FEMA.12

N. Letter of Map Revision - An official revision to the currently effective FEMA map. It is issued

by FEMA and changes flood zones, delineations, and elevations.13

O. Lowest Floor - means the lowest of the following:

12 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

13 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

(1) the top of the basement floor;

(2) the top of the garage floor, if the garage is the lowest level of the building;

(3) the top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or

(4) the top of the floor level of any enclosure below an elevated building where the walls of the

enclosure provide any resistance to the flow of flood waters unless:

(a) the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two (2) openings in area of one (1) square foot for every two (2) square feet of enclosed floor area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade.

(b) such enclosed space shall be usable for the parking of vehicles and building access.

P. Manufactured Home - means a structure, transportable in one or more sections, which is built on

a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "Manufactured Home" does not include a

"Recreational Vehicle."

Q. New Manufactured Home Park or Subdivision - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

R. Recreational Vehicle14 - means a vehicle which is

14 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

(2) built on a single chassis

(3) four hundred (400) square feet or less when measured at the largest horizontal projections;

(4) designed to be self-propelled or permanently towable by a light duty truck;

(5) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.

S. Regulatory Flood - means the flood having a one (1%) percent probability of being equaled or

exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 5 of the Ordinance. The "Regulatory Flood" is also known by the term "Base Flood ".

T. SFHA or Special Flood Hazard Area - means those lands within the jurisdiction of the County

that are subject to inundation by the regulatory flood and are generally identified as such on the Flood Insurance Rate Map prepared for Posey County by the Federal Emergency Management Agency and dated January 1, 1987.

U. Structure - means a structure that is principally above ground and is enclosed by walls and a

roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles and travel trailers to be installed on a site for more than one hundred eighty (180) days.

V. Substantial Improvement - means any reconstruction, rehabilitation, addition, or other

improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure the "Start of Construction" of the improvement. This term includes structures which have incurred "Substantial Damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a "Historic Structure", provided that the alteration will not preclude the structures continued designation as a "Historic Structure".

14.04 DUTIES OF THE ADMINISTRATOR

The Executive Director of the Posey County Area Plan Commission shall implement this ordinance and hereafter be referred to as the Floodplain administrator. The Floodplain administrator for the County is appointed to review all development and subdivision proposals to insure compliance with this ordinance, including but not limited to the following duties: A. Ensure that all development activities within the SFHAs of the jurisdiction of the County meet

the requirements of this ordinance.

B. Provide information and assistance to citizens upon request about permit procedures and flood plain construc

C. Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to Section 14.07 of this ordinance, and maintain a record of such authorization (either copy of actual permit or floodplain analysis and regulatory assessment).

D. Maintain a record of the "As-built" elevation of the top of the lowest floor (including basement)

of all new and / or substantially improved buildings constructed in the SFHA. Inspect before, during and after construction.

E. Maintain a record of the engineer's certificate and the "As-built" floodproofed elevation of all buildings subj

F. Cooperate with State and Federal floodplain management agencies to improve base flood and floodway data

G. Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, letters of Map Amendment (LOMA), letters of Map Revision (LOMR), copies of DNR permits

and floodplain analysis and regulatory assessments, federal permit documents, and " as-built" elevation and flood proofing data for all buildings constructed subject to this ordinance.

H. Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA.15

14.05 REGULATORY FLOOD ELEVATION

This ordinance's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval.

15 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

I. The regulatory flood elevation and floodway limits for each of the SFHAs dellineated as an “A Zone” on the flood insurance rate map of the county dated January 1,1987 prepared by the Federal

Emergency Management Agency shall be according to the best data available as provided by the Department of Natural Resources.

14.06 IMPROVEMENT LOCATION PERMIT

No Person, firm corporation, or governmental body not exempted by state law shall commence any "development" in the SFHA without first obtaining an Improvement Location Permit from the Floodplain Administrator. The Floodplain Administrator shall not issue an Improvement Location Permit if the proposed "development" does not meet the requirements of this ordinance.

A. The application for an Improvement Location Permit shall be accompanied by the following:

(1)Description of the proposed development.

(2) Location of the proposed development - sufficient to accurately locate property and structure in relation to existing roads and streams.

(3) A legal description of the property site.

(4) A site development plan showing existing and proposed development locations and existing and

proposed land grades.

(5) Elevation of the top of the lowest floor (including basement) of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum (NAVD) in either case the conversion formula should be included

B. Upon receipt of an application for an Improvement Location Permit, the Floodplain

Administrator shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined.

(1) If the site is in an identified floodway the Floodplain Administrator shall require the

applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway.

Under the provisions of IC 14-28-1 a permit from the Natural Resources Commission is

required prior to the issuance of a local building permit for an excavation deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the building.

No action shall be taken by the Floodplain Administrator until a permit has been issued by

the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Floodplain Administrator may issue the local Improvement Location Permit, provided the provisions contained in Sections 14.07 and 14.08 of this ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission.

(2) If the site is located in an identified floodway fringe, then the Floodplain Administrator

may issue the local Improvement Location Permit provided the provisions contained in Sections 14.07 and 14.08 of this ordinance have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade.

(3) If the site is in an identified Floodplain where the limits of the floodway and floodway

fringe have not yet determined (shown as Zone A on the Flood Insurance Rate Map), and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment.

No action shall be taken by the Floodplain Administrator until either a permit for construction in the floodway or a floodplain analysis and regulatory assessment citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources.

Once the Floodplain Administrator has received the proper permit or a floodplain analysis and regulatory assessment approving the proposed development, an Improvement Location Permit may be issued provided the conditions of the ILP are not less restrictive than the conditions received from The Department of Natural Resources and the provisions contained in Section 14.07 and 14.08 of this ordinance have been met.

(4) If the site is in an identified floodplain where the limits of the floodway and Floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the floodplain administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway Floodway fringe and 100 year elevation for the site. Upon receipt, the Floodplain Administrator may issue the local improvement location permit, provided the provisions contained in Section 14.07 and 14.08 of this ordinance have been met.

14.07 PREVENTING INCREASED DAMAGES

No development in the SFHA shall create a damaging or potentially damaging increase in the flood heights or velocity or threat to public health and safety.

A. Within the floodway identified on the Flood Boundary and Floodway Map, the Flood Insurance

Rate Map, or engineering analysis as provided in Section 14.06 (2)(d), the following standards shall apply:16

16 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

(1) No development shall be allowed which acting alone or in combination with existing or future development will cause any increase in the elevation of the regulatory flood; and

(2) For all projects involving channel modifications or fill (including levees) the County shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.

B. Within all SFHAs identified as A Zones (no 100 year flood elevation and / or floodway /

floodway fringe delineation has been provided) the following standard shall apply: (1) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one (1) foot and will not increase flood damages or potential flood damages.

C. Public Health Standards in all SFHAs. (1) No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of Section 14.08 of this ordinance.

(2) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the FPG, or those which are located below the FPG are watertight.

14.08 PROTECTING BUILDINGS

In addition to the damage prevention requirements of Section 14.07, all buildings to be located in the SFHA shall be protected from flood damage below the FPG.

A. This building protection requirement applies to the following situations: (1) construction, or placement of any new building having a floor area larger than four hundred (400) square feet;17 (2) structural alterations made to an existing (previously unaltered)building, the cost of which equals or exceeds fifty percent (50%) of the value of the pre-altered building (excluding the value of the land), or any previously altered building; 17 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

(3) reconstruction or repairs made to a damaged building that are valued at or more than fifty

percent (50%) of the market value of the building (excluding the value of the land) before damage occurred;

(4) installing a manufactured home on a new site or a new manufactured home on an existing site.

This ordinance does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and

(5) installing a travel trailer or recreational vehicle on a site for more than 180 days.

B. This building protection requirement may be met by one of the following methods. The Floodplain

Administrator shall maintain a record of compliance with these building protection standards as required in Section 14.04 of this ordinance.

(1) residential or non-residential building maybe constructed on a permanent land fill in accordance with the following:

(a) The fill shall be placed in layers no greater than one (1) foot deep before compacting to ninety-five percent (95%) of the maximum density obtainable with the Standard Proctor Test method.

(b) The fill should extend at least ten (10) feet beyond the foundation of the building before

sloping below the FPG.

(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three (3) horizontal to one (1) vertical.

(d) The fill shall not adversely affect the flow of surface drainage from or onto neighboring

properties.

(e) The top of the lowest floor, including basement, (see definition of lowest floor in Section 14.03 Definitions) shall be at or above the FPG.18

(2) A residential or non-residential building may be elevated in accordance with the following:

(a) The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided:

1) Walls of any enclosure below the elevated floor shall be designed to automatically

equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two (2) openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such opening shall be no higher

18Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

than one (1) foot above grade.

2) Any enclosure below the elevated floor is used for storage of vehicles and building access.

(b) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposures to known hydrodynamic forces such as current, waves, ice, and floating debris.

(c) All areas below the FPG shall be constructed of materials resistant to flood damage. The top of the low FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.

(3) Manufactured Homes and Travel Trailers (also called recreational vehicles) to be installed or

substantially improved on a site for more than 180 days must meet one (1) of the following anchoring requirements:

(a) The manufactured home shall be elevated on a permanent foundation such that the lowest

floor shall be at or above the FPG and securely anchored to adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site;

1) outside a manufactured home park or subdivision;

2) in a new manufactured home park or subdivision;

3) in an expansion to an existing manufactured home park or subdivision; or

4) in an existing manufactured home park or subdivision on which a manufactured home

has incurred "substantial damage" as a result of a flood.

(b) The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

This requirement applies to all manufactured homes placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.

(4) Recreational vehicles placed on a site shall either:19

(a) be on the site for less than one hundred and eighty (180) consecutive days;20

19 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

20 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood

4 / 12

(b) be fully licensed and ready for highway use being on its wheels or jacking system, is

attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

(c) meet the requirements for "Manufactured Homes" in paragraph three (3) of this section.

(5) A non-residential building may be floodproofed to the FPG (in lieu of elevating) if done in

accordance with the following:

Insurance Program.

(a) A Registered Professional Engineer shall certify that the building has been designed so that

below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The Building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.

(b) Floodproofing measures shall be operable without human intervention and without an

outside source of electricity.

14.09 OTHER DEVELOPMENT REQUIREMENTS

A. The Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere by ordinance. If the Plan Commission finds the subdivision to be so located, the Plan Commission shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Plan Commission shall require appropriate changes and modifications in order to assure that:

(1) it is consistent with the need to minimize flood damages; (2) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

(3) adequate drainage is provided so as to reduce exposure to flood hazards;

(4) onsite waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.

B. Developers shall record the 100 year flood elevation on all subdivision plats containing lands identified elsewhere by ordinance as within a flood hazard area prior to submitting the plats for approval by the Plan Commission.

C. All owners of manufactured home parks or subdivisions located within the SFHA identified as Zone A on the community's FBFM OR FIRM shall develop an evacuation plan for those lots located in Zone A and file it with the Area Plan Commission and have it filed and approved by the appropriate community emergency management authorities.21

D. Fees:

Applications filed pursuant to the provisions of this ordinance shall be accompanied by filing fees herein-after specified:

(1)Application for Improvement Location Permit - See Section 16.03 Fees (2)Application for Variance - $35.00

(3) No part of any filing fee paid pursuant to this ordinance shall be returnable to the applicant.

(4) The following are exempt from the above:

(a) Government bodies

(b) Government owned or operated utilities.

14.10 VARIANCES

A. The Board of Zoning Appeals may consider issuing a Variance to the terms and provisions of this ordinance provided the applicant demonstrates that:

21 Amended November 2, 1998 to comply with State and Federal requirements mandated by the National Flood Insurance Program.

(1) there exist a good and sufficient cause for the requested variance;

(2) The strict application of the terms of this ordinance will constitute an exceptional hardship

to the applicant, and

(3) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.

B. The Board of Zoning Appeals may issue a Variance to the terms and provisions of this ordinance subject to the following standards and conditions:

(1) No variance or exception for a residential use within floodway subject to Section 14.07 (a) or

4 / 14

may be granted. (2) Any variance or exception granted in a floodway subject to Section 14.07 (a) or (b) will require a permit from the Department of Natural Resources.

(3) Variances or exceptions to the Building Protection Standards of Section 14.08 may be granted only when a new structure is to be located on the lot of one-half (½) acres or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.

(4) Variance or exception may be granted for the reconstruction or restoration of any structure Individually listed on the Register of Historic Places or the Indiana State Survey or Historic Architectural, Archaeological and Cultural Sites, Structures, Districts and Object. (5) All variances shall give the minimum relief necessary and such that the maximum practical

flood protection will be given to the proposed construction; and (6) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums.

14.11 DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this ordinance does not create any liability on the part of the community, The Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on the ordinance or any administrative decision made lawfully there under.

14.12 VIOLATIONS

Any person, firm corporation or anyone acting in behalf thereof violates or fails to comply with any of the provisions of this ordinance shall be guilty of a common nuisance and, upon conviction, shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense.

14.13 ABROGATION AND GREATER RESTRICTIONS

This ordinance repeals and replaces other ordinances adopted by the County Commissioners to fulfill the requirements of the National Flood Insurance Program. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, the County shall assure that all

National Flood Insurance Programs regulations (44 CFR § 60) as well as Indiana laws and regulations regarding floodplain issues (312 IAC 10, IC 14-28–1 and IC 14-28-3) are met.

14.14 SEPARABILITY The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 14.15 EFFECTIVE DATE

This ordinance shall be in full force and effect from and after its passage by the Board of County Commissioners of Posey County, State of Indiana.

POSEY COUNTY COMMISSIONERS _________________________________Martin Redman, President _________________________________John Sherretz, Member _________________________________Dallas Robinson, Member ATTEST: __________________________ Joleen Elpers, Auditor

Chapter 15 SIGNS

15.01 PURPOSE 15.02 DEFINITIONS 15.03 GENERAL PROVISIONS 15.04 PERMIT REQUIRED 15.05 SIGNS PERMITTED IN R-1 AND R-2 DISTRICTS 15.06 SIGNS PERMITTED IN R-3, PUD, AND R-O DISTRICTS 15.07 SIGNS PERMITTED IN B-1, B-2, AND B-3 DISTRICTS AND WITH

CONDITIONAL USE IN THE AGRICULTURAL DISTRICT 15.08 SIGNS PERMITTED IN B-1A, PLANNED SHOPPING CENTER DISTRICTS 15.09 SIGNS PERMITTED IN M-1 AND M-2 DISTRICTS 15.10 CONDITIONAL USE 15.01 PURPOSE:

To provide minimum standards for effective control, erection and maintenance of signs, outdoor advertising display and devices.

15.02 DEFINITIONS: 1. SIGNS: Any outdoor sign, display, device, notice, bulletin, figure, painting, drawing, message,

place card, poster, billboard or other thing which is designated, intended or used to advertise or inform. Signs placed or erected for governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.

2. ERECT: To construct, build, raise, assemble, place, affix, attach, paint, draw or in any other way

bring into being or establish; but shall not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign structure.

3. NAME PLATE:

Indicating the name and address of the occupant of a dwelling. 4. INSTRUCTIONAL SIGNS:

A sign conveying instructions with respect to the premises on which it is maintained, such as, the entrance or exit from a parking area, trespassing, danger or similar signs for protection of the public shall not be included herein.

5. OUTDOOR ADVERTISING DISPLAY: Any advertising display, whether affixed to land or improvements thereon and which is not an

accessory use to the premises upon which the same is located and which may be illuminated or non-illuminated, except where

illumination is prohibited in this Ordinance. 6. REAL ESTATE: A sign advertising the lease, rental or sale of the premises on which it is maintained. 7. AREA OF SIGN OR DISPLAY:

That area which comprises a single side or face of a sign or outdoor advertising display,

measured from the inside of any bordering frame work. 8. ACCESSORY SIGN:

Any sign that is subordinate to any building, structure or use located on the same lot. 15.03 GENERAL PROVISIONS:

1. No sign shall be erected, placed, attached, printed or painted in any zone, except as hereinafter provided.

2. No sign erected before the enactment of this Ordinance shall be altered in any respect except in

compliance with the provisions of this Ordinance, and Chapter 4.

3. The size and location of all types of signs shall be subject to the following regulations: a. Within the unincorporated areas of Posey County no signs shall be erected within six hundred

sixty (660) feet of the nearest edge of the right-of-way of any Interstate or Federal-Aid Primary and Secondary Highway, unless said sign is classified as an accessory use to a permitted use located on the same lot. No sign classified as an accessory use shall be located within twenty-five (25) feet of the nearest edge of said right-of-way.

b. Signs within the incorporated areas of participating City and Towns shall not extend or project

nearer than eighteen (18) inches to the curb line. c. Excluding accessory signs, no signs shall be located within five hundred (500) feet of any other

sign. 4. No sign shall be erected or maintained which:

a. Displays lights resembling the lights customarily associated with danger, or as customarily used

by police, fire or emergency vehicles. b. If so located and/or illuminated as to provide a background of colored lights that blend in with

traffic signal lights so as to constitute a hazard when such traffic lights are viewed from normal approaching position of a vehicle.

c. If so located and/or illuminated as to obscure vision of vehicular traffic. d. Non-conforming signs shall be subject to the provisions of Chapter 4 of this Ordinance. 15.04 PERMIT REQUIRED: An Improvement Location Permit shall be required for all signs subject to the provisions of Section

16.01 and 16.03 of this Ordinance. 15.05 SIGNS PERMITTED IN R-1 AND R-2 DISTRICTS:

15 / 5

1. Identification signs for churches, educational, recreational and social centers or publicly owned

facilities when said uses are allowed as either a permitted or conditional use, shall be limited to one (1) free standing sign not to exceed forty-eight (48) square feet.

2. Real estate signs advertising that the premises upon which the sign is placed is for sale or lease. Said

signs shall not exceed four (4) square feet in area, and shall not be less than ten (10) feet from any street line.

3. Signs or outdoor advertising display erected in connection with new construction work which are

displayed only during such time as the actual construction work is in progress giving names of the developer, contractor, engineer and/or architects, said signs shall not exceed one hundred (100) square feet in area.

4. Name Plats - one (1) per dwelling unit, not exceeding two (2) square feet. 15.06 SIGNS PERMITTED IN R-3, PUD, AND R-0 DISTRICTS: 1. Signs and outdoor display of the number, type and kind permitted in the R-1 and R-2 Districts. 2. Signs which are accessory uses and do not exceed two hundred (200) square feet in area. 3. The maximum number of signs in these districts per lot shall not exceed two (2) signs for each street

frontage abutting the premises. 15.07 SIGNS PERMITTED IN B-1, B-2, AND B-3 DISTRICTS AND WITH A CONDITIONAL USE IN THE “A”- AGRICULTURAL DISTRICT: 1. All signs permitted in all “R”- Residential Districts. 2. Signs, whether or not accessory uses shall not exceed five hundred (500) square feet subject to the

following limitations and exceptions: a. Flat signs shall not exceed fifty percent (50%) coverage of any wall. b. Roof signs and outdoor advertising display may not have an area in excess of six hundred (600)

square feet. c. No signs shall be located nearer than sixty (60) feet from any "R"- Residential District, unless

approved as a Conditional Use. 3. LIMITATIONS: a. The total number of signs on any separate premises or business establishment shall not exceed

two (2) single face or one (1) double face sign.

b. In the "A"- Agricultural and "FP"- Flood Plain Districts no sign shall exceed one thousand (1,000) square feet provided, however, the location has been approved in accordance with Section 16.10 of this Ordinance.

15.08 SIGNS PERMITTED IN B-1A, PLANNED SHOPPING CENTER DISTRICT: 1. One (1) sign not to exceed six hundred (600) square feet on each thoroughfare on which the

shopping center has established an entrance drive. Such signs shall give the names of the center and may be used to give the names of the individual stores, but shall not be used to advertise any products or merchandise within the center.

2. Signs attached to the building, not projecting above the roof line, shall be permitted. Such signs give

the name of the store or use and shall not be used to advertise merchandise sold on the premises. 3. Hanging signs not to exceed four (4) square feet shall be permitted in the pedestrian mall or over

walkways at a minimum height of eight (8) feet above the walkway, attached to the store or use, giving the name of the store or use and at no time being used for advertising products or merchandise sold on the premises.

15.09 SIGNS PERMITTED IN M-1 AND M-2 DISTRICTS: 1. All signs permitted in all “B”-Business Districts and “A”-Agricultural Districts. 2. LIMITATIONS:

The total number of signs on any separate or industrial establishment shall not exceed four (4) single face or two (2) double face signs.

15.10 CONDITIONAL USE: Signs which for any reason do not conform to the provisions contained in Section 15.05 through 15.09 or

which otherwise could not be approved may be approved by the Board of Zoning Appeals as a Conditional Use in accordance with Chapter 16.10 of this Ordinance.

Chapter 16

ADMINISTRATION AND ENFORCEMENT 16.01 IMPROVEMENT LOCATION PERMIT 16.02 BUILDING UNDER CONSTRUCTION 16.03 FEES 16.04 PETITIONS 16.05 FORM OF PETITION FOR REZONING 16.06 ORDINANCE FORM OF REZONING 16.07 NOTICE POSTING 16.08 SIGN 16.09 REZONING 16.10 CONDITIONAL OR SPECIAL USE 16.01 IMPROVEMENT LOCATION PERMIT:

1. An Improvement Location Permit shall be required for the construction, reconstruction, enlargement or moving of any building or structure, and shall be applied for in writing and issued by the Planning Director or other authorized employees of the Commission.

2. No permit shall be issued by the Planning Director or other authorized employees unless the

proposed construction, reconstruction, enlargement or moving of a building or structure conforms with all the provisions of this Ordinance.

3. Applications for said Permit shall be made upon forms prescribed by the Plan Commission and shall

be attached to plans and specifications of sufficient details to enable the staff to determine whether the proposed improvement is in compliance with this Ordinance.

4. The applicant shall post said permit in a prominent place and protected from destruction on the site

prior to and during the period of construction. 5. The permit will be revoked if active work is not commenced within sixty (60) days after the date of

its issue, or if work was started and then stopped for a period of six (6) months.*amendment Posey County Commissioners 1-20-09 Instrument #200900234

6. The Planning Director may revoke said permit if work is not proceeding according to the detailed

statement, plans and specifications filed with the permit application, or is proceeding violation of this ordinance, it shall be his duty to give notice thereof to the owner or his agent requiring that the same shall be immediately rectified.

7. In the event a dwelling within a Commission approved and recorded plat is occupied prior to the

completion of the improvements serving the dwelling (as shown in the subdivision improvement plans), or if such improvements are completed, but not operational, the Planning Director or staff of the Plan Commission shall not issue any additional Improvement Location Permits within said subdivision until all improvements as approved by the Commission, serving the occupied dwelling are properly installed and operational.

16.02 BUILDING UNDER CONSTRUCTION:

This Ordinance shall require no change in the plans, Construction or intended use of any building or structure, which was legally started before the effective date of this Ordinance. Said building or structure may be completed and used in accordance with the plans and specifications, provided however, the construction of such buildings or structures shall be completed within one (1) year after the effective date of this Ordinance, or as may be extended by application.

16.03 FEES: * amendment Posey County Commissioners 1-20-09 Instrument #200900232

Applications and petitions filled pursuant to the provisions of this Ordinance shall be accompanied by the filing fees hereinafter specified. 1. Application and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the appropriate filing fee. 2. Pursuant to statute, the plan commission shall establish a schedule of reasonable fees to defray the administrative for rezoning, special exceptions, special uses, contingent uses, and variances; (2) issuing permits; and (3) other official action under the Indiana Code’s planning and zoning laws. 3. The fee schedule shall be established at the first meeting each year of the Area Plan Commission. In the event the fee schedule is not reviewed by the Area Plan Commission at the first meeting of the year, the exist 4. The fee schedule shall be posted in the Area Plan Commission office in an area of public access.

5. No part of any filing fee paid pursuant to this Section shall be returnable to the applicant or

petitioner.

6. The following are exempt from the above fees:

a. Government bodies.

b. Government owned or operated utilities.

c. Construction or reconstruction for agriculture purposes. 7. *The following are exempt from the above fees and land use permit applications - Yard barn (s). __________________________ ** Chapter 16, Section 16.03, Paragraph One (1) deleted per Amendment approved by the Posey County Commissioners September 3, 2002. Instrument 20025609. 16.04 PETITIONS:

(1) VARIANCE, CONDITIONAL AND SPECIAL USES:

a. APPLICATION - Application for a variance, conditional or special use shall be filed with the

Board of Zoning Appeals no later than the first Tuesday of each month, for the following month. Application shall be submitted on the forms available at the Area Plan Commission Office and shall be completed by the applicant or his agent. Four (4) copies shall be submitted to the Area Plan Commission Office.

b. COUNTY PUBLICATION - Notice of public hearing for any county application shall be

advertised at least ten (10) days prior to the public hearing in a newspaper of general circulation published within the county. The cost of advertising the notice of public hearing shall be borne by the applicant.

c. *EMERGENCY PLACEMENT - The Planning Director may grant an emergency permit to

place a mobile home pursuant to the Section 6.03 (11)* if all of the following conditions are met:

1. The planning Director finds which a bonafide emergency exists which emergency was not

created by the action or inaction of the person requesting the emergency permit;

2. In determining the existence of an emergency the Planning Director has made reasonable efforts to consult with the adjoining property owners;

3. The person requesting the emergency permit has applied for a special use pursuant to Section

16.04. If each of the above conditions are met, then the Planning Director may issue an emergency permit to place a mobile home. The emergency permit shall expire upon the final action of the Board of Zoning Appeals on which the application submitted pursuant to 16.04, c, iii is placed on the agenda of the Board of Zoning Appeals. 2. REZONING:

a. All petitions for rezoning shall be filed in five (5) copies. Each petition shall consist of a petition, map and proposed ordinance, and shall be filed with the Area Plan Commission no later than the second Thursday of each month for the following month.

*Amendment approved by the Posey County Commissioners April 1, 2002. Instrument 20022304. * Amendment approved by the Posey County Commissioners July 1, 1996. Instrument 065774. b. The petitioner shall mail a copy of the petition to all owners of record of real estate which are contiguous to subject real estate, whether separated by any street, alley, easement, or other public way. Owners of record shall be those shown on the records of the Treasurer of Posey County and the responsibility for obtaining the correct names of owners shall with the petitioner. Said mailing shall not be less than ten (10) days before said petition is set for public hearing before the Area Plan Commission.

c. The petitioner or his attorney shall file with the Area Plan Commission at least seven (7) days prior to the public hearing of said petition, an affidavit showing the names and addresses of the contiguous property owners and the date that a copy of the petition was mailed to them. The affidavit shall become a part of the records pertaining to the petition.

d. Notice of public hearing for any county petition shall be advertised at least ten (10) days prior to the

public hearing in a newspaper of general circulation publication within the County.

16.05 FORM OF PETITION FOR REZONING: 1. COUNTY ORDINANCE FOR REZONING:

PETITION FOR CHANGE OF ZONING ATLAS No: APC Petitioner Address Owner of Record Address Lessee Address (5) Petition is hereby made for change of the "Zoning Atlas" of Posey County Area Plan Commission,

pursuant to IC 1971, 36-7-4, and the Comprehensive Zoning Ordinance of Posey County. (6) Premises affected are located in (Township) and are situated on the side (S.W.N.E.) of

Street/Road, a distance of *(see Legal description) feet of the corner formed by the intersection of Street/Road and Street/Road. Subdivision (If available).

Block Number Lot Number . 1/4 of the 1/4 of the 1/4 of Section , Township

South, Range West. (3) The commonly known address is . (If available) (4) The above real estate is located in Zoning District designated as . (7) Request change to District. (8) Present existing land use is .

(Conforming Land Use) (Pre-existing non-conforming land use, authorized by variance, authorized by conditional use or other authorization)

(9) Proposed Land Use . (10) The owner, or attorney for owner, hereby certifies that the owner of record shown above owns

fifty-percent (50%) or more of the above described real estate. Date Petitioner Owner Attorney for petitioner and owner Attorney's Address Telephone Number

The Board of County Commissioners of the County of Posey _____________________________ President _____________________________ Member _____________________________ Member

ATTEST:

b. MAP: There shall be required a map as part of the petition. Maps are available and/or provided by the Area Plan Commission office or maps submitted by the applicant and approved by the Area Plan Director.22

22Amendment approved by the Posey County Commissioners June 13, 1999. Book 0070, Page 456.

Ordinance No. YEAR

AN ORDINANCE TO REZONE CERTAIN REAL ESTATE IN POSEY COUNTY, STATE OF INDIANA. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POSEY COUNTY, INDIANA, as follows, to-wit: Section 1. That Ordinance No.____________, being the Comprehensive Zoning Ordinance for Posey

County, Indiana, and particularly Section 5.02 be and the same is hereby amended by making certain changes with respect to the following described real estate located in the County of Posey, State of Indiana:

(Insert Legal Description) by changing the zoning classification of the above described real estate from ___________________ to _____________________ and said real estate hereby is so rezoned and reclassified

Section 2. The Executive Director of the Posey County Plan Commission, hereby is authorized and

directed, upon the enactment and approval of this Ordinance, to cause the change to be made on said Atlas as set out in Chapter One (1) of this Ordinance, and to make notation in ink thereon of reference to the number of this Ordinance, and the date of final adoption and approval of this amended Ordinance; however, failing to do so shall not invalidate this Ordinance.

Section 3. This Ordinance shall be in full force and effect from and after its passage by the Board of

Commissioners of the County of Posey County, State of Indiana. Approved this_______day of______________, 19___, and signed by the Board of Commissioners and attested by the County Auditor.

The Board of County Commissioners of Posey County

President Member ATTEST: Member Posey County Auditor

16.06 ORDINANCE FORM OF REZONING:

The Ordinance shall be attached to the petition and map. The form of the Ordinance shall be as follows: 16.07 NOTICE POSTING:

1. Upon the filing of an application for a petition for change of the Zoning Atlas, the applicant, petitioner or his attorney shall procure from the Plan Commission Office a sign and said applicant, petitioner or attorney shall post said sign upon the real estate affected by the rezoning in a conspicuous place and visible at all times to all persons passing said premises.

2. The sign shall be placed thereon not less than ten (10) days prior to the public hearing by the Plan

Commission; said sign shall remain posted until final action of the County Commissioners on the petition to rezone said real estate.

16.08 SIGN: 1. CONDITIONAL OR SPECIAL USE:

POSEY COUNTY AREA PLAN COMMISSION

NOTICE OF PUBLIC HEARING FOR CONDITIONAL - SPECIAL USE

Notice is Hereby Given that a public hearing will be held in_____________, County of Posey, State of Indiana, at__________o'clock, ________M. on the _________day of ______________, 19______, for a Conditional-Special Use. Application on file in the Office of the Posey County Area Plan Commission, Second Floor, Coliseum Building, Mt. Vernon, Indiana.

Area Board of Zoning Appeals

By_____________________________ Name of Director 2. No person shall, without lawful authority, alter deface, injure, knock down or remove said notice of

public hearing or any part thereof.

16.09 1. REZONING:

POSEY COUNTY AREA PLAN COMMISSION NOTICE OF PUBLIC HEARING FOR THE REZONING OF THIS PROPERTY

Notice is Hereby Given that a public hearing will be held in_____________, County of Posey, State of Indiana, at_______________o'clock_______M. on the_____day of ________, 19__, for the amendment of the Comprehensive Zoning Ordinance of Posey County and the Posey County Zoning Atlas, concerning the change of zoning of this property from________ to _____. By________________________ Name of Director Posey County Area Plan Commission 2. No person shall, without lawful authority, alter, deface, injure, knock down or remove said notice of

public hearing or any part thereof. 3. Upon the denial, by the Board of County Commissioners of Posey County of an application for a Zoning Application. Said application may be resubmitted to the Planning Commission one (1) year to date after its initial denial for reconsideration. 16.10 CONDITIONAL OR SPECIAL USE: 1. A conditional or special use listed in this Ordinance may be permitted, enlarged or altered upon

authorization of the Board of Zoning Appeals in accordance with the standards and procedures as set forth in this section.

2. The Board may authorize a conditional or special use as defined herein, provided the evidence presented

is such as to establish beyond reasonable doubt:

(1) That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and

(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity, or injurious to property values or improvements in the vicinity; and

(3) That the proposed use will comply with regulations and the conditions specified in this Ordinance for such use and with the stipulations and conditions made a part of the authorization granted by the Board. 3. Time Limit:

Authorization of a conditional or special use shall be void after one (1) year from the date of authorization or such lesser time as the authorization may specify unless said use or substantial construction has taken place.

The Board of Zoning Appeals may, upon written request, extend authorization for a period not to exceed one (1) year, provided, however, that the written request is received two (2) weeks prior to its expiration.

4. Granting of Use:

The grant of a conditional or special use by the Board shall be by Resolution and shall not be by Ordinance amending the Zoning Ordinance.

5. Notice Posting:

The sign shall be placed on the subject property not less than ten (10) days prior to the public hearing, said sign shall remain posted until approval or denial by the Board. The petitioner is responsible for posting the sign.

6. Copies of the Agenda and Minutes shall be sent to the County Commissioners.

Chapter 17

OFF-STREET PARKING AND LOADING

17.01 EXISTING OFF-STREET PARKING AND LOADING 17.02 PARKING PROHIBITED 17.03 LOCATION OF ACCESSORY OFF-STREET PARKING 17.04 IMPROVEMENTS 17.05 PARKING REQUIREMENTS 17.06 OFF-STREET LOADING AND UNLOADING REQUIREMENT 17.01 EXISTING OFF-STREET PARKING AND LOADING: 1. When the intensity of the use of any building, structure, or premises shall be increased through

additional dwelling units, gross floor area, seating capacity or other units of measurement specified within this Section for required parking and loading, facilities as herein required shall be provided for such an increase in intensity of use.

2. Any parking or loading spaces established prior to the effective date of this Ordinance and which is used

or intended to be used in connection with main building, structure or use or any spaces designated and intended to comply with the requirements of this Section for any such main building, structure or use erected after such effective date shall hereafter be maintained so long as said building, structure or use remains, unless the owner provides and maintains, in another location, and equivalent number of required spaces which conforms to all provisions of this Ordinance.

17.02 PARKING PROHIBITED: Parking areas may be located in any yard except the required front yard or required street side yard. 17.03 LOCATION OF ACCESSORY OFF-STREET PARKING: 1. All parking spaces provided pursuant to this Section shall be on the same lot with the building, structure

or use that they are intended to serve except that the Plan Commission, after public hearing, may permit the required number of parking spaces to be on any lot with three hundred (300) feet of the premises they are to serve, provided however, the Plan Commission has reviewed the plans and made findings that the common ownership or possession of the lot or site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.

2. Mixed uses in the same building or structure. The total requirement for off-street parking facilities shall not be considered as providing required parking facilities for any other uses. 3. Collective off-street parking facilities for two (2) or more buildings, structures, or uses shall not be less

than the sum of the requirements for the various individual uses computed separately as provided for in this Section.

4. Access to all parking facilities provided pursuant to this Section shall be directly accessible from a street

or alley. Access aisles and driveways shall be of sufficient size to permit convenient maneuvering of cars and each space shall be accessible without driving over or through any other parking space.

17.04 IMPROVEMENTS: 1. Each parking space required by this Section shall be a minimum of nine (9) feet wide and twenty (20)

feet long, exclusive of walkways and aisles. 2. All parking areas, except accessory parking to a single family dwelling, shall be improved with a

compact aggregate base with surface treatment (seal coat), asphalt, dustless material, and shall have appropriate guards where needed.

3. Parking areas located within or that adjoin an "R" District. A solid wall, compact evergreen screen or

uniformly painted board fence having a height of not less than three (3) feet nor more than six (6) feet shall be erected and maintained between the parking area and an "R" District.

4. Any light used to illuminate the parking area or driveways shall be installed and maintained so as to

reflect the light away from any adjoining "R" District or public roads.

17.05 PARKING REQUIREMENTS: The following are minimum off-street parking spaces that shall be provided and satisfactorily maintained, for each building, structure, or use which is hereinafter erected, enlarged or altered for any of the following purposes:

NUMBER OF PARKING

USE SPACES REQUIRED

One-Family Dwelling One (1) per dwelling unit.

Two-Family Dwelling One (1) per dwelling unit.

Multi-Family Dwelling Multi-One and one-half (1 ½) per Dwelling Unit

Housing for the Elderly (Public Owned)

Elderly housing - one (1) per three (3) Dwelling Units.

Hotel one (1) per unit

Motel and Lodging House One (1) per two (2) lodging units.

Banks, Offices, Public Administration, Library square feet of gross floor Museum or any other area similar use.

One (1) per six hundred (600)

Medical Office, Clinic Five (5) per doctor or dentist any other similar use. using the facility, plus one (1) for each two (2) employees.

Hospital, Sanitarium Home or similar use

One (1) per three (3) beds or Convalescent or Nursing any portion thereof, plus one (1) per each three (3) employees.

Eating or Drinking Establishment where customers are seated and served within a building

One (1) for each two hundred (200) square feet of gross floor area.

Eating and Drinking Establishment where customers are served outside of a building

One (1) for each fifty (50) square feet of gross floor area.. There shall be not less than six (6) per establishment.

STORES AND SHOPS Furniture, Household Appliances, Hardware, Drugstore, Stationery Newsdealer, Record, Photo, Dry Cleaners, and Pressing, Bakery, Dressmaker, Millinery, Tailor, Storage Locker Service (Individual)

One (1) for each five hundred (500) square feet of gross floor area.

Barber, Beauty Shop Two (2) per barber or beautician.

Food Market, Delicatessen, Supermarket Department Store, Discount Store or similar use.

One (1) per each two hundred (200) square feet of gross floor area, plus one (1) for each additional one hundred (100) square feet of gross floor area in excess of twenty-five hundred (2500) square feet of gross floor area.

Bowling Alley Two (2) per each lane, plus one (1) per six (6) spectator seats.

Launderette, Laundromat, Self-Service Dry Cleaners and Laundry.

One (1) per two (2) washing and dry cleaning machines or any portions thereof.

Churches, Theaters, Auditoriums, Stadiums or other places of assembly.

One (1) per each five (5) fixed seats, plus one (1) per each six (6) movable seats.

Manufacturing, Industrial Uses, Warehouse Grain Elevator.

One (1) per each three (3) employees.

College, University, Trade or Business School.

One (1) per each three (3) students, based on the maximum number of students enrolled.

Junior High, Elementary School - Public, Private or Parochial

One (1) per each classroom, plus one (1) for each one hundred (100) square feet of gross floor area of any auditorium.

Senior High School - Private, Public, or Parochial

One (1) per seven (7) students or based on the maximum number of students enrolled.

Country Club, Private Club, Lodge or Clubs, etc. similar use.

one (1) per each two hundred (200) square feet of gross floor area.

Golf courses three (3) per golf hole

USES NOT OTHERWISE LISTED As determined by the Area Plan Commission to be reasonable or comparable with other uses.

17.06 OFF-STREET LOADING AND UNLOADING REQUIREMENT: On the Same premises with every building, structure or part thereof, hereafter erected, established or enlarged and occupied for manufacturing, storage, warehouse, goods, display, retail store, wholesale store, market, hotel, laundry, dry cleaning or other uses involving the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained space for vehicles standing, loading, and unloading as follows: 1. One (1) off-street loading space twelve (12) feet by forty-five (45) feet and fourteen (14) feet in height

for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of floor area for any of the above purposes. Provided, however, that in no case shall the required off-street loading space be part of the area used to satisfy off-street parking requirements of this Section.

2. Off-street loading areas within three hundred (300) feet of an "R" District, is where the loading area is

not obstructed from view from the "R" District by a physical barrier shall be screened by a solid wall, compact evergreen screen or uniformly printed board fence having a height of not less than six (6) feet. Said barrier shall be erected and maintained between the off-street loading area and an "R" District.

Chapter 18

BOARD OF ZONING APPEALS 18.01 ESTABLISHMENT: MEMBERSHIP: TERM: 18.02 POWERS OF THE BOARD OF ZONING APPEALS 18.03 GRANT OF VARIANCES 18.04 TIME LIMIT 18.05 APPLICATION FOR VARIANCE 18.06 NOTICE POSTING 18.01 ESTABLISHMENT: MEMBERSHIP: TERM: 1. The Board of Zoning Appeals is hereby established as a part of the Posey County Area Plan

Commission, under the provisions of IC 18-7-4-65 as amended by (36-7-4-902(d). 2. The Area Board of Zoning Appeals consists of five (5) members as follows:

(1) One (1) citizen member appointed by the Area Plan Commission from its membership.

(2) One (1) citizen member, who may not be a member of any plan commission, appointed by the executive of the largest municipality.

(3) Two (2) citizen members, of whom one (1) must be a member of the Area Plan Commission and one

(1) must not be a member of any Plan Commission, appointed by the County Legislative Body.

(4) One (1) citizen member, who may not be a member of any Plan Commission, appointed by the executive of the second largest municipality.

3. Term of office shall be as follows: Upon the establishment of a division of the Board of Zoning Appeals, the members shall initially be appointed as follows: One (1) member selected from the Area Plan Commission shall hold office for a term of four (4) years, the other member selected from the Area Plan Commission shall hold office for a term of four (4) years, or until their terms on the Area Plan Commission cease, whichever is shorter. One (1) member appointed by the Board of County Commissioners shall be for a term of three (3) years. One (1) member by a municipal shall be for a term of one (1) year. The terms shall expire on the first day of January of the first, second, third or fourth year respectively, after the year of the member's appointment. Thereafter, as terms expire, each new member shall be appointed for a term of four (4) years. Any member is eligible for reappointment. 4. If a vacancy occurs among the membership, the original appointing authority shall appoint a member for

the unexpired term.

5. The Board of Zoning Appeals shall elect a chairman and vice-chairman from its membership at the first

meeting of each year. The vice-chairman shall have the authority to act as chairman during the absence or disability of the chairman.

6. A majority of the members shall constitute a quorum. No action is official, however, unless concurred

in by a majority of the membership of the Board. 18.02 POWERS OF THE BOARD OF ZONING APPEALS: The Board of Zoning Appeals shall have all the powers duties under the provisions of IC as amended. (36-7-4-900 Series). 18.03 GRANT OF VARIANCES: 1. The granting of a variance from the provisions of this ordinance, whereby said variance shall not be

contrary to the public interest, and whereby owing special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, shall modify said Ordinance as little as possible so that the substantial intent and purpose of the regulations shall be preserved, and shall be made subject to such conditions as will achieve this purpose.

2. The granting of a variance shall not be an Ordinance amending the Comprehensive Zoning Ordinance,

and no action by the Board shall be taken or decision made except after a public hearing. 3. In exercising its powers, the Board shall not permit any use in a district which would be in conflict with

the permitted use of such district under the terms of this Ordinance, except as provided for in Chapter 4. 4. Decisions are subject to review pursuant to Indiana Code 36-7-4-900 et seq. as amended. 18.04 TIME LIMIT: 1. Any variance approved by the Board shall expire six (6) months from date of such action, unless an

Improvement Location Permit incorporating the variance has been obtained within said six (6) months or the provisions of the variance had been adhered to within said six (6) months.

2. Whenever the Board has taken action to approve or deny a variance application, the Board shall not

consider any further variance application on any part of the same property for a period of one (1) year from the date of such action.

18.05 APPLICATION FOR VARIANCE: Applications for variance shall be subject to Chapter 16.10 of this Ordinance.

18.06 NOTICE POSTING: 1. Upon the filing of an application for a variance the applicant or his attorney shall procure from the Plan

Commission Office, a sign and said applicant or attorney shall post said sign upon the real estate affected by the variance in a conspicuous place and visible at all times to all persons passing said premises.

2. The signs shall be placed thereon not less than ten (10) days prior to the public hearing by the Board; said

sign shall remain posted until approved or denied by the Board.

18.07 SIGN: 1. BOARD OF ZONING APPEALS OF THE POSEY COUNTY AREA PLAN COMMISSION NOTICE

OF PUBLIC HEARING FOR A VARIANCE

Notice is Hereby Given that a public hearing will be held in ____________________, County of Posey, State of Indiana, at_________o'clock,______M., on ________day of ________________, 19_____, for the Board of Zoning Appeals to grant or deny a variance for this property. Variance on file in the Office of the Posey County Area Plan Commission, Second Floor, Coliseum Building, Mt. Vernon, Indiana. Board of Zoning Appeals of the Posey County Area Plan Commission

By________________________ Name of Secretary

1. No person shall, without lawful authority, alter deface, injure, knock down, or remove said notice of

public hearing, or any part thereof.

AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR POSEY COUNTY, INDIANA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 138, INDIANA ACTS OF 1957, AS AMENDED, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Chapter 138, Article V, Indiana Acts of 1957, as amended, empowers the County of Posey to enact a zoning ordinance and to provide for its administration, enforcement, and amendment, and WHEREAS, the Posey County Area Plan Commission and the Posey County Commissioners, deem it necessary for the purpose of promoting the health, safety, convenience, and general welfare of the community to enact such an ordinance, WHEREAS, the Posey County Area Plan Commission has divided all areas of Posey County into districts and has prepared regulations pertaining to such districts in accordance with an adopted Comprehensive Plan designed to lessen congestion in public streets; to secure safety from fire, flood, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, school, parks, and other public requirements, and WHEREAS, the Posey County Area Plan Commission has given reasonable consideration, among other things, to the present character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and lands and encouraging the most appropriate use of land throughout the Posey County. This ordinance and zoning map will affect all property within the county limits of the Posey County, Indiana. The ordinance provides for zoning of real estate in the following districts: A Agriculture R1 Single-Family Residential R2 One and Two Family Residential R3 Multifamily Residential RO Residential Office RMH Residential Mobile Home Park PUD Planned Unit Development B1 Commercial Shopping B1a Commercial General District B2 Commercial High Intensity B3 Central Business District M-1 Manufacturing Light M-2 Manufacturing Medium FH Flood Hazard District Each zoning district has permitted uses, bulk and area requirements, and special exception provisions. The ordinance confirms the Posey County Area Plan Commission and the Posey County Board of Zoning Appeals and their authority in the implementation and enforcement of the Zoning Ordinance. The ordinance contains the following sections:

Chapter 1 - Intent 1.01 Intent, Purpose, and Methods 1.02 Short Title 1.03 Violations and Penalties Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variance or special exceptions, shall be deemed an ordinance violation and may carry a fine of not less than $25 nor more than $500. Each day that a violation continues shall be deemed a separate offense. Nothing herein contained shall prevent the City of Mt. Vernon or its authorized officials from taking other action, authorized by law, to remedy the violation. 1.04 Severance Clause 1.05 Repeal 1.06 Interpretation, Purpose, and Conflict 1.07 Complaints Regarding Violation 1.08 Attorney's Fees 1.09 Cost on Appeal Chapter 2 - Definitions 2.01 General 2.02 Terms Defined Chapter 3 - General Provisions 3.01 Interpretation 3.02 Scope of Regulations 3.03 Unplatted Land 3.04 Platting of Unplatted Land 3.05 Replatting Land 3.06 Street Frontage Required 3.07 Exceptions to Yard Requirements 3.08 Fences, Walls, and Hedges 3.09 Accessory Uses and Structures 3.10 Exception from Height Requirements 3.11 Commercial Uses in Conjunction with Motels, Hotels, or Office Buildings 3.12 Transitional Use 3.13 Air Space Control 3.14 Exemption of Agricultural Uses Chapter 4 - Continuance of Nonconforming Structure or Use 4.01 Nonconforming Structures 4.02 Nonconforming Uses 4.03 Discontinued Nonconforming Use 4.04 Destruction of Nonconforming Structure 4.05 Nonconforming Variance Permitted by Board of Zoning Appeals

4.06 Nonconforming Mobile Home Court Chapter 5 - Kinds of Districts: Establishment 5.01 Posey County is Hereby Divided into the Following Districts 5.02 Zoning Maps 5.03 Boundaries of Districts 5.04 Flood Prone Area District 5.05 Agricultural District Amendment Chapter 6 - Special Uses: Specified Districts 6.01 Requirements 6.02 All Districts 6.03 Agricultural - "A" District 6.04 Conditions and Limitations 6.05 Cellular Telephone/Personal Communication Services Towers and Facilities Chapter 7 - "A" Agricultural District 7.01 Purpose and Intent - "A" District 7.02 Use Regulations - "A" District 7.03 Minimum Lot Area 7.04 Yards 7.05 Height 7.06 Minimum Floor Area 7.07 Exception of Agricultural Uses 7.08 Sales of Agricultural Land Chapter 8 - Residential District

Single Family Residential R-1 Districts 8.01 Use Regulations - R-1 District 8.02 Area 8.03 Yards 8.04 Height 8.05 Lot Coverage 8.06 Minimum Floor Area One and Two Family Residential - R-2 District 8.07 Use Regulations - R-2 District 8.08 Area 8.09 Yards 8.10 Heights 8.11 Lot Coverage 8.12 Minimum Floor Area Multi-Family Residential - R-3 District 8.13 Use Regulations - R-3 District 8.14 Area 8.15 Yards 8.16 Height 8.17 Lot Coverage 8.18 Minimum Floor Area Chapter 9 - Planned Unit Development - PUD District 9.01 Purpose 9.02 Development 9.03 Location 9.04 Submission of Plans 9.05 Plan Review 9.06 Use 9.07 Criteria 9.08 Utilities Chapter 10 - Mobile Home Park RMH District 10.01 Intent of District 10.02 Purpose of Standards 10.03 Use Regulations 10.04 Limitation on Uses 10.05 Approval of Mobile Home Park 10.06 Preliminary Site Plan 10.07 Approval of the Preliminary Site Plan 10.08 Approval of Final Site Plan 10.09 Area 10.10 Yards 10.11 Pad and Skirting 10.12 Landscaping 10.13 Lot Markers 10.14 Off-Street Parking 10.15 Storage 10.16 Water and Sewage

10.17 Utilities 10.18 Common Walks 10.19 Street 10.20 Grading and Drainage 10.21 Signs 10.22 Illumination of Parks 10.23 Fire Protection 10.24 Trash and Refuse Storage 10.25 Location of Buildings and Structures with Mobile Parks 10.26 Abandonment and Expiration Chapter 11 - Residential Office - R-O District 11.01 Use Regulations - R-O District 11.02 Area 11.03 Yards 11.04 Height Chapter 12 - Commercial Districts Neighborhood Commercial - B-1 District 12.01 Use Regulations - B-1 District 12.02 Limitation on Uses 12.03 Area 12.04 Yards 12.05 Height 12.05A Approval of Development Plans 12.06 Purpose of District 12.07 Use Regulations - B-1A District 12.08 Limitations on Uses 12.09 Approval of Development Plans 12.10 Height Central Business - B-2 District 12.11 Use Regulations - B-2 District 12.12 Limitations on Uses 12.13 Area 12.14 Yards 12.15 Height

12.15A Approval of Development Plans General Commercial - B-3 Districts 12.16 Use Regulations - B-3 District 12.17 Limitation on Uses 12.18 Area 12.19 Yards 12.20 Height 12.21 Approval of Development Plans Chapter 13 - Industrial Light Industrial - M-1 District 13.01 Use Regulations - M-1 District 13.02 Area 13.03 Yards 13.04 Height 13.05 Lot Coverage 13.05A Approval of Development Plans Heavy Industrial - M-2 District 13.06 Use Regulations - M-2 District 13.07 Special Uses 13.08 Area 13.09 Yards 13.10 Height 13.11 Lot Coverage 13.12 Limitation of Uses 13.13 Approval of Development Plans Chapter 14 - Flood Hazard Areas for Posey County, Indiana 14.01 Statutory Authorization 14.02 Statement of Purpose 14.03 Definitions 14.04 Duties of the Administrator 14.05 Regulatory Flood Elevation 14.06 Improvement Location Permit 14.07 Preventing Increased Damages 14.08 Protecting Buildings 14.09 Other Development Requirements 14.10 Variances 14.11 Disclaimer of Liability 14.12 Violations 14.13 Abrogation and Greater Restrictions 14.14 Separability

14.15 Effective Date Chapter 15 - Signs 15.01 Purpose 15.02 Definitions 15.03 General Provisions 15.04 Permit Required 15.05 Signs Permitted in R-1 and R-2 Districts 15.06 Signs Permitted in R-3, PUD, and R-O Districts 15.07 Signs Permitted in B-1, B-2, and B-3 Districts and with a Conditional Use in the Agricultural District 15.08 Signs Permitted in B-1A, Planned Shopping Center District 15.09 Signs Permitted in M-1 and M-2 Districts 15.10 Conditional Use Chapter 16 - Administration and Enforcement 16.01 Improvement Location Permit 16.02 Building Under Construction 16.03 Fees 16.04 Petitions 16.05 Form of Petition for Rezoning 16.06 Ordinance Form of Rezoning 16.07 Notice Posting 16.08 Sign 16.09 Rezoning 16.10 Conditional or Special Use Chapter 17 - Off-Street Parking and Loading 17.01 Existing Off-Street Parking and Loading 17.02 Parking Prohibited 17.03 Location of Accessory Off-Street Parking 17.04 Improvements 17.05 Parking Requirements 17.06 Off-Street Loading and Unloading Requirements Chapter 18 - Board of Zoning Appeals 18.01 Establishment: Membership: Term: 18.02 Powers of the Board of Zoning Appeals 18.03 Grant of Variances 18.04 Time Limit 18.05 Application for Variance 18.06 Notice Posting 18.07 Sign The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the Official Zoning Map of Posey County, Indiana and is presented as follows: