The Mail-Journal, Volume 11, Number 52, Milford, Kosciusko County, 22 January 1975 — Page 13

ORDINANCE NUMBER 7S-1 AN ORDINANCE TO ESTABLISH LAMO USE REGULATIONS FOR DEVELOPMENT IN THE JURISDICTIONAL AREA OF KOSCIUSKO COUNTY. INDIANA. AND TO PROVIDE FOR THE ADMINISTRATION. ENFORCEMENT. ANO AMENDMENT OF THIS ORDINANCE ANO THE REGULATIONS THEREIN. ARTICLE I - Basic PrevisioM 1.1 Tltte: This Ordinance snail be known and cited, and referred to as the "Kosciusko County Zoning Ordinance" 1.2 Authority: This Ordinance is adopted pursuant to Chapter 134 of the Acts of the General Assembly of Indiana. 1557. and all acts supplemental and amendatory thereto 1.3 Compliance: No structure snail be located, erected, constructed, reconstructed, moved, converted, or enlarged, nor shall any structure or land be used or be designed to be used, except in full compliance with all thy provisions of this Ordinance and after the lawful 3 issuances of the permits required by this Ordinance 1.4 Severability: it any provision of this Ordinance or the application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such provision toother circumstances shall not be affected 1.3 Jurisdiction: The jurisdiction of this Ordinance snail include all lands and waters within „ the territorial jurisdiction of Kosciusko County AH buildings erected hereafter, an uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and ail enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Ordinance which are applicable to the toning distr ictspn which such buildings, uses, or land or waters shall be located 1.4 Application it is not ’’’ended by this Ordinance ’o interfere with, abrogate or jmend any ex sting easements. covenants, or other agreements between parties, nor is it intended by this Ordinance to repeal, abrogate, annul or in any way interfere with any existing provisions of laws or ordinances, or any rules, regulations or permits previously adopted or issued pur suant to law relating to the use of buildings or premises provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provisions of law or by such rules, regulations, agreements, covenants, or permits, the provisions of this Ordinance snail control. but where such pr.vate covenants, agreements, permits, rules and regulations impose a greater restriction than is imposed by this Ordinance, the greater restnction shall control ARTICLE 2 - District Regulations 2.1 Zone Maps A "Zone Map" of each of the incorporated Cities or Towns and each Township in Kosciusko County is hereby adopted as part of this Ordinance The "Zone Maps" shall be kept on file and available for examination in the Area Plan Commission Office 2.2 Zoning Districts: The entire County is divided into me O-stncts stated in this Ordinance as shownby the District boundaries on the Zone Maps The Districts are "E" Environmental "A" Agricultural "R" Residential "C" Commercial ' j "I" Industrial 2.3 District Boundaries District boundaries shown within the lines of streets, streams, and transportation rights of way shall be deemed to follow their centerlines The vacation of streets shall not atfec’ me location of sue” District bocndar.es When me Ordinance Ad mmfstrator cannot definitely determine me location of a District boundary by such cen terlines, by scale or dimensions stated on me Zone Map. or by the fact that» clearly coincides ’ * with a property ime. he she. refuse action, and me Board of Zoning Appeals, upon appeal shall interpret me location of me District Boundary with reference to the scale of me Zone Map and the purposes set forth .n all relevant provisions of this Ordinance 2.4 Environmental District The District designated as Environmental is limited to agriculture, recreation, and certain other open land uses The purpose of m.s District is to prevent intensive development of land mat is unsuitable for development due to topography, soil conditions, periodic Hooding, or other natural features 2.5 Agricultural District: The purpose of m.s District is to protect prime agricultural land and related uses from undesirable urban growth, and establish protective tones for confined feeding operations to protect such operations from urban development mat >s not comparable Residential uses ore permitted m m.s District provided me tract provides adequate area for water and approved sewage systems 2.4 Residewtiat District The District designated for Res.dent.al use is limited to dwellings and . public and sem. pvoi< uses wh.cn are normally associated with resident.ai neighborhoods The purpose of m.s District is to create an attractive, stable, and orderly residential en vironment 2.7 Commercial District The District designated as Commercial is primar.iy for uses of a retail or service nature Such uses may include manufacturing processes conducted wimin enclosed structures where such processes do not cause emm.ssions of smoke dust, noxious fumes and gases, unusual none or vibrations beyond the confines of me structure or struc lures and which do not require Open storage areas 14 industrial District The District designated as industrial is to provide suitable space for existing inoustr.es os wenasspacefor future inoystr ,ai expansion This District .ssubd'vded mto two classifications as follows , 141 Light industrial: This use <s one wn-Ch requires bom bu>id>ngs and open area for manufacturing, fabricating, processing, storage or disposal of raw materials, manufactured products or wastes, which is not >n ( urious to health or safety of humans or animals, or in iurious to vegetation, and which is not noxious or offensive by reason of the emission of smoke, dust gas fumes, odors, or vibrations beyond the limits of me premises upon which such industry is 241 Heavy iHfcstrial This use S one when requires bu id.ngs and open area for manufacturing fabricating, processing, heavy repair, dismantling, storage or disposal of raw materials, manufactured products wastes, which is not injurious to me twoim or safety of humans or an.mais. or miuriovs to vegetation, and which has not been declared a nuisance in any court of record If USES 201 Permitted Uses The permitted uses for each O>s” let are shown m Table A The uses mat are listed tor me various districts snail be according to me common meaning of me term or according to me definittons gjven m Article 1 1 01 Special Exceptions The special exceptions for each District mat may be permitted by me Board of Zoning Appeals are shown on Table A. The Board of Zoning Appeals snail follow me provisions of me Special Exceptions section when considering any application for a Special Exception TABLE A -fflfOHWtnmnn-y J-*"""-1 Agr.cvi'ure .1 Cemeteries ‘ b 2 Game Preserves 2 Churches 3 Public. Parks A Playgrounds 3 Commercial Recreation 4 Recreation a Golt Courses 5 Accessary uses J Mineral Extraction 4 Essential Services s Riding Stables x \ 7 Single Family OwelLng 4 Greenhouses A Nurseries 9 Water A Sewage Treatment Plants AGRICULTURAL DISTRICT "A 2 Churches 1 Commercial Recreation 3 Public A Parochial Schools 3 Cemeter es 4 Public Parks A Playgrounds 4 Fire Stations 5 SingiJ Family Dwelling 5 GOl' Courses 4 Accessory Uses 4 Hospitals A Clinics 7 Esaent.pl Services 7 Home Occupations 4 Greenhouses A Nvrser.es ‘ 4 Mmerai Extraction 4 Mobile Home Parks ’ 10 Municipal Buildtrigs A Libraries II Nursery Schools 11 Nursing Homes 13 Public Utility Buildings t 14 Planned Un.t Development IS Parking Lots ML. Private Clubs A Camps 17 Private Air Strip 14 Sanitary Landfill 15 Sw.mm.ng Pools 20 Two Family Diecngs 11 Veterinary Hosp.tai n Auto Wrecking Yard REAL ESTATE REAL ESTATE

CHALET >\ REALTY c d 13. South Os Svracuse Rick & Malinda Pinney, Brokers WE’RE SELLING' ARE YOV° LIST WITH US XF W I IsTIXt. — This three bedroom home with fireplace and partial basement is just right (or sour famils I arge kitchen and dining room. 100 There is plents of plas area on the two lots which are located near elementars school Single garage and double garage with extra nice workshop SIS..»O<> OXF \t KF — With t bedroom home and out buildings is located <hi Kd 13 South lis ing room. dining kitchen bath and nice basement with lots of room for sour garden 1I»F \l BF \< II Just remodeled this I bedroom ramh with easement to Wawasre will catch sour ese -* full baths, large sard with pines covered patio, partial basement are plus features s.!'i non K\l F I'l \XI) -- l hannel home and business Bring sour kids and better hall we se got all the bait boat' and fishing gear sou II nerd I’roperts is going fishing concern on channel and separate tastefulls desorated 3 bedroom home to enjos sear around F\Ftl Il\F 1 \KFFHOXI Ihts losrls I bedroom estate ssith formal and informal Its mg amt dining arras includes . fireplaces has beautiful s irw of I ake Wawasrr Pmperts includes large l<- as rosStr <>ad for I car garage workshop office or guesthouse with channel frontage for protected boat docktng sl. 'Hie >II\XXFI IHi'lF F.njes access to both Wawasee and ss I ,u use at a small pru «■' I hrre bedroom ranch w t(h two lots is at► d if: peas eful wtHfdixi are.. Im jd*-s spas ious I\ l kitchrn ; . - ar gar as_e s.‘h I \KF W \W Vsf F Fass Using is sours in this beautifulls des .rated ’ bedn«om ranch with sast famils recreation rrnmi for famils and :>iri“- Weil eq; ppvd kiUricii. two ba;h.s Liundr s area, formal ns inc. and dining rieni' double hears’d ara_s with workshop and Im ated on spa>iou* lot on direct s to Wawa'ee fl XIU' A bednss-ni ap ! ' aks hnm« ' reasonable ■H HI R RROPFR TH > \\ \II \BLE IU \ l\(. SEI I |\G. REX TING Call 457-2670

RESIDENTIAL DISTRICT "R" — 2 College Buildings A Grounds 2. Apartments 3 Public A Parochial Schools 3. Cemeteries 4. Public Parks A Playgrounds 4. Fire Stations $. Single Family Dwelling 5. Funeral Homes A Two Family Dwelling. 4. Home Occupations 7 Accessory uses 7. Mobile Home Parks 4. Essential Services • Multi Family Dwelling ». Municipal Building A Libraries 10 Nursery Schools 11. Nursing Homes 12. Parking Lots 13 Planned Unit Development 14. Private Clubs 15. Public Utility Buildings 14. Rooming Houses ” 17. Swimming Pools 14. Water A Sewage Treatment Plants COMMERCIAL DISTRICT “C" PtRMITTtp USES SPEdAL EXCEPT'DNS 1. Clean ng A Laundry Plant i Animat Fenners ? E«ting A Drinking Establishment 2. Automobile Sales. Service. A Repair Fire '■’••ion 3. Churches 4 Mop.ie riome Sales 4. Commercial Recreation 5 Offices A Banks 5 Commercial Schools 4 Parking Lots A Drive-in Businesses 7 Personal Service 7 Farm implement Sales A Service 4. Professional Service 4 Funeral Homes 9 Printing Shop 4 Howls A Motels 10 Private Clubs W Hospitals A Clinics' 11. Public Perks A Playgrounds 11. Livestock Auctions 12. Public Utility Buildings 12. Mobile Home Parks 13. Retail Businesses 13. M®ti Family Dwellings 14. Accessory Uses 14. Planned Unit Development 15. Essential Services IS Public A Parochial Schools 14 Greenhouses A Nursery 14. Public Transportation Terminal 17 Research Laboratory 14 Single Family Dwellings 19 Theaters j 20 Wholesale Businesses 21. Warehouses 22 Veterinary Hospital I Research A Testing Laboratory 1 Motels 2. OHices 1 Planned Unit Developments 3. Warehouses 3 Restaurants 4. Parking Lots 4 Truck A Railroad Terminals 5 Light Manufacturing 5- Supply Yards 4 Essential Services A Agriculture 7 Accessory uses 7. Fire Station 4 Wholesale Businesses 4 Municipal Buildings 4 Public Utility Buildings 4 water A Sewage Treatment Plants 10 Greenhouse A Nursery HEAVY INDUSTRIAL "HI" 1 Agriculture 1 Planned Unit Development 2 Research A Testing Laboratory 2. Restaurants 1 Oft ces 3 Stockyards A Slaughterhouses 4 warehouses f Fire Stations f 5 Parking Lots 5 Municipal Building/ 4 General Manufacturing 4 Water A Sewage Treatment Plants 7. Essential Services 7. Airports 4 Accessory Uses 4. Mineral Extraction 4 Wholesale Businesses 4 Junk Yards W Grain Elevators 10. Bulk Fuel Storage 11 Supply Yards 11. Concrete Mixing 12 Truck A Railroad Terminal - 12 Manufacturing A Processing of 13 Public Utility Buildings Explosive Materials Other Special ExcepNens: In addition to the uses stated under special exceptions in each District, any other similar uses which the Area Plan Commission may determine to be con sistent with the objectives and purposes of the particular District may be permitted 2..14 Let aad Yard Reqoii smsats: The minimum lot arqa. minimum width of tot. minimum depth of front yard, minimum width of each side yard, and the minimum depth of rear yard for each District shall be as shown on the foltowing tables WITH 9V T rtft y S SEWER Xir.imm JCLnimre Mininum Minibus Minimus Add. Lot Minima Depth Width Depth Lot Area Per Lot Front Side Rear District Area Family Width Yard Yard Yard Sq.Ft Sq. Ft. Ft. Ft. Ft. Ft. •B- 1 acre M/A ■A* 15,000 *SOOO 100 50 20 20 15,000 *SOOO 100 35 10 15* •C" 7,000 *3soo** 30 0 0 0 "LI" 20,000 N/A 100 30 20 20 "KI" 80,000 K/A. 200 Ixo 20 20 WITH PUBLIC SEWER Mininun Minimm Mini mire Minimm Minima Add. Lot Minimm Depth Width Depth Lot Area Per Lot Front Side Rear District Area Family Width Yard Yard Yard Sq. Ft. Sq. Ft. Ft. Ft. , Ft. Ft. ■r* -A- 10,000 *2500 70 50 20 20 10,000 *2500 75 35 10 15* ■C" 3,000 *2soo** 30 0 0 0 ■LI" 20,000 M/A 100 30 20 20 "HI" 80,000 t/A 200 UO 20 20 • 35 feet where yard adjoins a lake or waterway •• Special Application ARTICLE 3- General Regulations 3.1 General Development Procedure: The Area Plan Commission and the Board of County Commissioners shall continuously develop the Comprehensive Plan, including the planning policies to OU'O* future aeciuons All Comprehens ve Plan Elements, in wvfa’ever degree al detail they may enbody. shall provide the basis tor approval of all development under this Zoning Ordinance and no development shall be approved under this Ordinance which is in conflict with any Comprehensive Plan Elements 3.2 Principal Uses: Only those principal uses specified tor a district as shown on "Table A" shall be permitted The uses that are listed for the various districts shall be according to the common meaning of the term or according to the definitions as may be enumerated in this Ordinance 3.21 Mobile Homes and Recreational Vehicles: Mobile homes and recreational vehicles not located in a Mobile Home Park or designated campground, and used as temporary or permanent piece of abode shall be subject to the requirements of all Federal, State, and Local laws applicable to dwellings Further, skirting" of a durable material shall be in stalled upon any mobile home or recreational vehicle so used or occupied as a temporary or permanent place of abode k 5 3.1 Special Exceptions Special excepttons and their accessory uses are permitted in districts as shownon "Table A", but only in accordance with Special Exception Procedure. 3 4 Accessory Uses: Accessory uses and structures such as private garages are permitted in all districts in conjunction with a primary use or structure provided the accessory use does not change the character of the district in which it is loeated 3.3 Temporary Uses: Temporary uses and structures used in conjunction with construction work, seasonal sales or emergences may be permitted by the Boor, tof Zoning Appeals if the proposed site is acceptable and neighboring uses are not adverse! > affected They shall be removed promptly when their function has been tut tilled Permits for temporary structures may be issued for a period not to exceed sis (4) months. 3.4 Non Conforming Uses: The following provisions snail apply to all non conforming uses 3.41 A non conforming use may be continued, but may not be extenrud, •xpanoed. or chwigod unless to a conforming use. except as permitted by the Board of Zoning Appeals, m accordance with the provisions of this Ordinanace TOWNSHIP TRUSTEED (ABSTRACT) REPORT OF RECEIPTS AND DISBURSEMENTS For The Calendar Year IVT4 Van Boren Township. Kosciusko Connty Baiaace , Balance FUNDS— Jan-1 Receipts Disbursements Doc. 31 Township S 1.40014 312J53 40 3 MV 24 S 4.144 40 Dog 25500 334 00 2M 7$ 373 25 Civil Township Bond 172 44 -0 /G 272 44 Fire Fighting Fund 3.420 V 5.420 43 4JC 24 4.200 31 Revenue Sharing Fund I*o 10 14.253 00 lIAJ4 00 4.547 10 CumulativeF<re Fighting ' 5 304 24 ® ' 5J8E24 -0Tows SI2JV4S 324.041 33 330.747.44 317.051 34 OCT AIL OF RECEIPTS Anol Geiger Legion Post S WOO leerce Amount TOWNSHIP FUND Total S WOO Texes - June 1474 S 2.412 23 Ne 4 Park and Recrwhan Tamo —Doc Os W 72 IM. in Jan. > 2.542 41 TownofMiHord S 700 00 jushceot Peace Docket Fees 344 00 ■••• — Local MKWh 1JJ3.08 Total s TOO 00 TransKr from Cumulative Fire SJM24 No 14 Olher Gvtl Towmfcip Expenses United Telephone Co. 3 241 25 Total Township Fund 512A53 W Ist National Bank (MiWord) 500 DOG FUND James Brooks 12.04 Qua T >k from Anenor S 354.00 First Chsrtsr insursnee 120.04 . Public Empi Ret Fund 101.33 Total Doo Fund S 254 00 Van Buren M.ltord Emergency FIREFI«HTING FUND «•»« Doc 1473 tax dist s 1.702 S 3 Arnold Don *» • 1474 fax dtot 2A24J5 twrwd Young «« Jefferson Township 1.000 00 i Merrill Rink 100 00 Gast Fuel Serv refund 3.44 Brooks Pmnxk 135 00 ToW Fire Fighting Fund 3 5X30 43 Total S 3.45444 REVENUE SHARING FUND Total Two DUD Fund 3 4.417 24 wt National Bank iMilford) SW.2S3 00 sumo DISBURSEMENTS Total Revenue Sfxarmg Fund 310.253 00 AudHor of Kosciusko Co 0 105.00 Os SBURSEMENTS TOWNSHIP FUND Everett Price 45.75 CMMMCRhonef Expefwe and Or. W. J Zahr. DVM 30 00 Tw wimmi """" No. I Pay Tvastee. Ros*. OoricaL Tram! Total Dog Fund tar 3 1X45 M FIRE FIGHTING FUND Betty Beer 124« DISBURSEMENTS Kamryncov 2W.00 Town of M.Nord 53J33 22 Amoco Oil Co m 14 S 2.U5.00 Smallwood Service Center W. 40 Ns. X BeeRA PrioNRB. Etc. C. S. Myers. Inc W .00 Mail journal **• n Me Farren Service Station 447 Warsaw Times Unqn 127 72 Milford Fire Department 22 25 The Paper 12140 Sharp's Hardware 143 Leonard SudOiv Co 2*oo Texaco, me U3.W universal Fire Appi. corp. so go Total 0 373.32 Harold Katasr Z 3.30 Its. 3 Caro st Cameteries FiSer Fire Extinguisnmg 2144 William Hapner 3 1J25 W Lithe and dark 723 40 Herbert FoMmer 75 00 Purity Cylinder, inc 1M Syracuse License Branch 5 00 Total * 1-36003 - — — Ne.4Jwhceo*Peocs Total Fire Fighting Fund S 4j».2t James BroMs 30400 REVENUE SHARING FUND DISBURSEMENTS Total 0 300.00 McCormick Motors. Me. * 7.H2.00 Na.3OlhvJ.P.Eaptneas Universal Fire Appliance Cor 4J17 0B First Charter insurance S 21.00 Audrey Meyers S2XB Total Rev Shar Fund 011X23.00 CUMULATIVE FIRE FIGHTING FUND Total s 73 44 Transfer toTownsh.pfund 3 1304 24 Ns. 7 merri-M Dar Expense Total Cum Fire Fund 0 5J0E24 i hereby certify mat the foregoing is a true and correct statement of me receipts and (hsbvrsements of me above named township a complete and detailed annual report mgerner wim aft accompanying vouchers showing me names of persons having been paid money by me township has been filed as required by taw in-me office of the County Auditor. that a copy of such mnuai report is m custody of me chairman of the township advisory board Sato report »s subject to inspection by any tatpayer of me townshipMAURICE BEER. Trustee

3.42 Any non conforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within twelve (12) months of such casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty 3.41 in the event that any non conforming use. conducted in a structure or otherwise, erases, for whatever reason, for a period of one (1) year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. 3.7 Unclassified or Unspecified Uses: In the case of uncertainty where me Ordinance Administrator is unable to determine literally whether a use is permitted as a principal or ac cessory use, he shall refer such question to the Board of Zoning Appeals for an interpretation. 3.4 Soil Conditions: No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Area Plan Commission by reason of flooding, concentrated run oft, inadequate drainage, adverse soil, unfavorable topography, low per eolation rate, bearing strength, erosion susceptibility, or any other feature likely to be harmful to health, safety, prosperity, aesthetics, and general welfare of me County. The Area Plan Commission, in applying the provisions of this section shall, in writing, recite the particular facts upon wh<ch it bases its conclusions that the land is not suitable for certain uses. An applicant shall have opportunity to present evidence contesting such unsuitability if he so desires Thereafter the Area Plan Commission may affirm, modify, or withdraw its deter minatton. 3.41 Flood Prone Acres: Prior to the consideration of the issuance and approval of any permit for construction of improvements upon any denominated floodway. flood plain, or flood prone area, the applicant shall present to the Area Plan Commission approval by the Natural Resources Commission in conformity with applicable State Statues and Regulations promulgated thereunder 3.3 Los and Yard Requirements: The minimum tot area, minimum width of tot, minimum depth of front yard, minimum width of each side yard, and minimum depth of rear yard for each district shall be as shown in Section 2.10 of this Ordinance. 3.31 Lots which abut on more than one thoroughfare shall provide ’he required front yards along every thoroughfare, except alleys. 3.32 All tots shall abut upon a public street, private road, public or private easement with at least thirty (30) feet of frontage abutting thereto. 23.3 Only one (1) principal structure shall be located, erected, or moved onto any tractor lot. 34.4 No portion of a principal structure, whether open or enclosed, including garages, porches, carports, balconies, roofs, or platforms above normal grade level shall project into any minimum front, side, or rear yard Detached accessory structures located to the rear of the principal structure shall not be located closer than five (5) feet from the side and rear property lines 34.5 in any residential district where at least twenty five (25 per cent) per cent of the lots in a block are occupied by existing residential structures, the minimum depth of the front yard may be the average ot me depths of the front yards of the existing residential structures. 34.4 No lot. yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this Ordinance. No part of any tot, yard, parking area, or other space required for a structure or use shall be used tor any other structure or use. 3.47 Residential fences are permitted on the property tines in residential districts, but Shall not exceed a height of six (6) feet, snail not exceed a height of three (3) feet in the street vard and shall not be doser than two (2) feet to any public right of way 3.34 Security fences are permitted on the property lines in all districts but shall not exceed ten (10) feet in height and Shalt be of an open type similar to woven wire or wrought iron fencing. 3.43 Essenttal services, utilities, electric power ahd communications transmission lines are exempt from the yard and distance requirements of this Ordinance 3-13 any tot of record existing at the effective date of this Ordinance or any tot. the purchase of which has been contracted tor in writing at, or prior to. the effective date of this Ordinance, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of ths Or dinance. upon proof of equitable ownership satisfactory to the Area Plan Commission 3.11 No location improvement permit shall be issued for a tractor tot that abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured Reserve strips of land which prevent or unduly restrict access to dedicated lands are expressly prohibited 3.12 Height Regulation: Except in agricultural, industrial, or commercial districts, no principal structure shall exceed thirty five (35) feet in height above average around level and no accessory building shall exceed fifteen (15) feet in height above average ground level unless approved by the Board of Zoning Appeals.- In any district the Board may authorize a variance to this height regulation if 3.121 All front and side yard depths are increased one (1) foot for each additional foot of height, or 3.122 The structure is any of the following and does not constitute a hazard to an established airport: Television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, cooling towers, chimneys, silos, elevator bulkheads, conveyors, and flagpoles. 3.13 Entrances: All entrances from any private, commercial, or industrial installation shall require approval from the governmental agency having jurisdiction thereof prior tp the issuance of an improvement Location Permit. 3.14 Off-Street Parking: Off street parking spaces shall be provided in accordance withhthe specifications in this sectton in all districts whenever any new use is established or an existing use is expanded. USE PARKING SPACES REQUIRED Residents! *> 2 P** - Pwellino Church & School 1 P** - 6 s® ats in principal assembly room Hotel. Motel. L Board School I 1 each living or sleeping unit Private Club or Lodge ’ Per 4 members College Residence Halt or 1 per 4 occupants Fraternity f 4 ££itai or Rest Home 1 per 3 beds A 1 tor each 2 emptoyees on maximum shift Professional Offices, Wholesale ' lor ever 250 sq. ft., of floor space Houses A Medical Clinics Retail Businesses. Eating A Drink 1 tor every 100 sq ft. of service area ing: Places A Personal Service Es tablishments Bownng Alleys 5 for MCh , a J! ey Recreational or Assembly Places 1 for every 100 sq tt. of floor space e g., Dance Hall. Night Clubs, Funeral Homes . ... Industrial 1 tor each 2 employees on maximum shift 3.141 Parking spaces may be located on a tot other than that containing the principal use upon approval of the Board of Zoning Appeals. 3.142 Mobile Homes, Recreational Vehicles, and Boats: Mobile homes, recreational vehicles, and boats may be stored on residential tots tor an indefinite period of time provided that such mobile home, recreational vehicle, or boat will not be occupied tor the purpose of using the same as temporary or permanent living quarters. Such unoccupied mobile home, recreational vehicle, or boat shall be stored in conformance with the prescribed setback requirements of accessory buildings, and in conformity with any subdivision restrictions applicable to such storage as may be set forth in said restrictions and not in violation thereof 3.143 Any off street parking lot tor more than five (5) vehicles shall be graded tor proper drainage and surfaced so as to provide a durable and dustfree surface. 3.144 any lighting used to illuminate any off-street parking tot shall be so arranged as to reflect light away from adjoining premises if in a residential district. 3.15 Oft Street Loading: Every building which requires the receipt or distribution by vehicle of material or merchandise shall provide off street loading berths of a size and arrangement appropriate for the types of vehicles utilizing this space. Utilization of public right of way tor loading or unloading is expressly prohibited 3.14 Signs: No sign, billboard, or exterior graphic display shall be permitted m any oisttict except as herein provided. , 3.141 in any district a sign not exceeding two (2) square feet m surface size is permitted which announces the name, address, or professional activity of the occupant of the premises on which said sign is located. 3.142 A bulletin board not exceeding twenty four (24) square feet is permitted m con nection with any church, school, or similar public building. 3 143 A temporary real estate or construction sign of reasonable size is permitted on the property being sold, leased, or developed Such sign shall be removed promptly when it has fulfilled its function. 3.144 Business signs shall be permitted in connection with any legal business or industry when located on the same premises, and if they meet the fol towing requirements. a. Signs shall not contain information or advertising tor any product not sold or produced on the premises b. Signs shall not have an aggregate surface size greater than five (5) square feet tor each toot of width of the principal structureon the premises. ' c. Signs shall not project over public rights-of way, except in commercial oistrkts signs may project into that portion of the right-of way used tor pedestrian traffic only, but must be at least eight (4) feet above the sidewalk and project no more than eight (4) feet into the rightxt way d. Signs shall not be illuminated in any manner which causes undue distraction, confusion, or hazard to vehicular traffic, and shall not be such as to reflect light upon adjoining residential districts. 3.145 in an agricultural district signs shall be permitted if they meet the following requirements a The sign shall not exceed 300 square feet in area nor 24 feet in length, nor 12 feet m height Total height of the sign from ground level shall not exceed 14 feet b. sign shall not be located closer than 250 feet to a road intersection except tor direc tional signs which are less than six (4) square feet in area c. The sign shall not be located in a location which would interfere with highway horizontal sight distances B. The sign shall not be located closer than 500 feet to any residential use, school, church, park, playground, or similar use 3.M0 No sign shall be placed on private or public property without written consent of the owner or agent thereof. Xl7 Home Occupations: A home occupation may be permitted as a special exception if it complies with the requirements of this section 3.171 The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not a family member 1172 The home occupation shall be confined to and operated within the principal or ac cessory structures. 3.173 Exterior displays or signs other than those permitted under Section 3 14. exterior storage of materials, and exterior indication of the home occupation as a variation from the residential character of the principal structure shall not be permitted , 3.174 Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced by such home occupation 2. ITS The home occupation shall not create any traffic or parking problems Such use shall provide for adequate parking by patrons thereof 3.l4Ftxxxxd UM ResHMottai. Commercial, and industnai Projects: The District Regulations of this Ordinance may be modified by me Board of Zoning Appeals in me case of a plan utilizing an unusual concept of development which meets the requirements of mis Sectton The planned unit projects concept is intended to encourage original and imaginative development and subdivision design wMc* preserves the natural amenities of me site and provides tor the general welt are of the County After a unit plan »s approved, all development, construction, ano use shall be tn accordance wim me plan unless a modified project plan is submitted «O and approved by me Board of Zoning Appeals as required by mis Ordinance Planned imit development concepts shall include as minimum requirements, me cw ng 3.141 The area of land lobe devetoped shall not be less man five (5) acres lie Properties adjacent to me unit plan shall not be adversely affected 11«> in planned unit residential projects, me minimum lot and yard requirements may be reduced however, me average density of dwelling txiits in me total imit plan shall not be N*tar man mat permitted m me district in wh<ch me plan is located 3.184 in planned unit commercial and industrial projects, me minimum lot and yard requirements may be reduced, however, me total land area of me unit plan shall equal me accumulative lot area requirements of each use or structure contained wimin me unit plan l ias The unit plan shall permanently reserve land suitable tor me common use of the public * the owners m a particular devetopment This may be accomplished by dedication, covenant.or easement This land may be tor future public facilities, tor recreational or scenic open space, or for a landscaped buffer zone as approved by me Area Plan Commission. Provisions tor permanent control and maintenance of mis land shall be outlined m a form acceptable to me Area Plan Commission and me Board of Zoning Appeals I.tat The use of me land shall not differ sutetantiatiy from me uses permitted in the district in which me plan Is located, except limited business facilities, intended to serve only me plannM unit res.denhai protect area and tolly mtegrated .nto the design of the project, may be considered, fnd upon approval of me Commission, incorporated into me unit plan 3.147 The unit plan shall be consistent wim me purpose of mis Ordinance 3.H Performance Standards AM uses established or placed into operation after me effective date of mis Ordinance shall comply wim me foltowing performance standards in me interest of protecting me public heaim. safety, and welfare No use m existence on me effective date of me Ordinance shall be so altered or modified to conflict wim these standards 2-tol Fire Protectwn A fire fighting equipment and prevention measures acceptable to me local Fire Department snail be readily available tor use when any activity mvotvmg me MfMting or storage of flammable or explosive materials is conducted within any structure or approved land use in any district l ift Electrical Dtotarbaacas: No use snail be permitted which causes undue electrical disturbance adversely affecting radio, television, or other equipment in me vicinity X 143 Noise: No use shall produce noise in such a manner aa to be objectionable because of volume, frequency, intormittance. beat, shrillness, or vibration Said noise shall be muffled or otherwise controlled so as not to become detrimental, provided, however, public safety sirens and related apporah s used solely tor pttoiic purposes shall be exempt from m.s standard. AIM Vibration: No use shall cause vibrations or concussions detectable beyond me lot lines without me aid of instruments. lift Oder: No use shall emit across me lot lines any malodorous gas or matter in such quantity as to be readily defectabie at any point adjacent to the tot lines 3. Air PottaNoA: No use shall discharge across the lot lines ftyash, dust, smoke, vapors, noauous. tokic. or corrosive matter, or other air pollutants in such concentration as to be detrimental to heetm. animats, vegetation, or property. 3.1T7 Heat aad Glare; No use shall produce heat or glare in such a manner as to create a nuisance perceptible from any point be vend me tot lines. irn water PoMHm: No use shall produce erosion or other pollutants in such quantity as to be detrimental to adjacent proporties and conflict wim water pollution standards established by public agencies XW» Waste Matter: No use shall accumulate waste products within the tract lines or discharge beyond the tract lines any waste matter, whether liquid or solid, in vioiation of applicable public health, safety, and welfare standards and regulations. ARTICLES-Adminislratioasad Eoforcemeot *1 niWiianra AdaMdstraOar: The Ordinance Administrator appointed by me Arte Plan Commission, shall: All Administer and enforce me provisions of mis Ordinance. At 2 issue improvement Location and Occupancy Permits; and Al 3 Maintain a permanent file of all permits and applications as public records. A2 Permits: No permit shall be issued unless me proposed structure, use of structure, or land use is in complete conformity with the provisions of Mis Ordinance, or unless a written order is received from me Board of Zoning Appeals, the Area Plan Commission, or a Court in accordance wim Riis Ordinance and State Legislation. A3 tawroveotadt > "Wien Permit: An improvement Location Permit shall be obtained Before any structure may be constructed, reconstructed, moved, enlarged, or structurally altered w en Improvement Location Perjnit s issued, me applicant shall apply for an Oc

Wed., Jan. 22,1975—THE MAIL-JOURNAL

cupancy Permit, which permit shall not be issued until the structure is complete and in compliance wim mis Ordinance = < 4.4 Application for an improvement Location Permit shall be accompanied by a plot plan d’awn to scale, and shows clearly and completely the following: 4.41 The location, intended use. dimensions, and nature of me property; 4.42 The location and dimensions of any proposed structures; 4.43 All adjoining thoroughfares and any existing or proposed access to these fares,4.M The existing and proposed use of all structures and land; and 4.45 Such other information as may be necessary to determine confdrmance wim mis Ordinance. 4.5 if the work described in any permit has not oegun wimin iso days from the date of issuance thereof, said permit shall expire and a written cancellation notice shall be sent to the property owner or applicant. 4.4 If the work described in any permit has not been substantially completed wimin two (2) years of the date of issuance thereof, said permit shall expire and a written cancellation notice shall be sent to the property owner or applicant. Further work shall not proceed unless a new permit is obtained 4.7 No permit shall be issued tor a lot. parcel, tract, or piece of land tor any use unless said lot, parcel, tract, or piece of land has access to a platted or legally dedicated public roadway 4.4 Occupancy Permit: An Occupancy Permit shall be obtained before any person may: 4.41 Occupy or use vacant land; 4.42 Occupy or use any structure hereafter constructed, reconstructed, moved, enlarged, or structurally altered. 4.43 Change the use of a structure or land to a different use; or 4.44 Change the use of a non conforming use. 4.4 A temporary Occupancy Permit may be issued tor a period not to exceed six (4) months during alterations or partial occupancy of land or structures, provided that such temporary permit may include such conditions and safeguards as necessary to protect the safety of the occupants and the public. 4.14 No permit shall be required for: 4.141 Accessory structures not on permanent foundations; AIS2 Routine maintenance, repair, or remodeling of existing structures not involving any change of use or additional lot coverage, 4.103 Essential Services as defined in Article 7; ASM Lot and Yard improvements such as tancM. drives, sidewalks, patios, retaining walls, play equipment, and landscaping; 4.105 Signs wim a surface area of less than six (4) square feet. All Fees: The following filing tees shall be charged tor applications, permits or petitions. No part of any filing fee paid pursuant to mis section shall be returnable to the applicant or petitioner Alli improvement Location Permit: Residential: Accessory Structures 55.00 Single-Family Residence 10.00 Multi Family Residence 10.00 plus 1.00 per family unit All Others: 2500 sq. ft or less 510.00 2500 sq ft to 5000 sq ft 15.00 over 5000 sq tt. 15.00 plus * l.OOper lOOOsq.ft. over 5000 sq.ft. 4. Occupancy Permit: Occupancy Permit fee is included ifi the improvement Location Permit, when required. Occupancy Permit fee when no improvement Location Permit is required 55.00 4.113 Sign Permit: Sign permit fee tor signs wim a surface area of more man six (4) square feet 55.00 Alls Any person filing a petition tor amendment to mis Ordinance or petition for Board of Zoning Appeals action shall assume the cost of public notice that is required. 4.12 Violations and Penalties: It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any structure or land in violation of any regulation in or any provision of mis Ordinance or of any regulation enacted hereunder by the Board of Zoning Appeals. Any structure or use that violates mis Ordinance shall be deemed to be a. common nuisance and the owner of the structure or land shall be liable tor maintaining a common nuisance Any person who violates any provision of mis Ordinance shall be guilty of a misdemeanor and. upon conviction, shall be fined not less than ten (10) dollars and not more than three hundred (300) dollars Each day the violation continues shall constitute a separate ' offense 4.13 Method of Appeal: Any person aggrieved or affected by any provision of mis Ordinance or by any decision of the Ordinance Administrator may appeal to me Board of Zoning Appeals. as provided by the rules of the Board, by filing a notice of appeal specifying the grounds thereof Every decision of me Board shall be subject to review by certiorari. ARTICLE 5 - Board of Zoning Appeals 5.1 General: in accordance wim State Law, a Board of Zoning Appeals shall be appointed, which Board may adopt rules to govern its procedure. The Board of Zoning Appeals shall hold meetings, keep minutes, and pursuant to notice, shall conduct hearings; compel the attendance of witnesses, take testimony, and render decisions in writing, all as, required by law. When permitting any appeal, variance, special exception or change of a non conforming use. me Board may impose such conditions and requirements as it deems necessary tor the protection of adjacent property and the public interest 5.2 Appeals: The Board shall have me power to hear and decide appeals from any order, requirement, decision, grant, or refusal made in the administration of mis Ordinance. . 5.3 Variances: The Board of Zoning Appeals, upon appeal, shall have the power to authorize • variances from the requirements of mis Ordinance, and to attach such conditions to the variances as it deems necessary to assure compliance wim the purpose of mis Ordinance. A variance may be permitted if all the following requirements are met: o 5.31 Literal enforcement of me Ordinance would result in unnecessary hardship wim respect to me property and 5.32 Such unnecessary hardship results because of unique characteristics of the property; and 5.33 The variance would not change the land use of the property or the character of the neighborhood. and 5.34 The variance observes me spirit of mis Ordinance, produces substantial justice, and is not contrary to the public interest. 5.4 Special Exceptions: The Board of Zoning Appeals shall have the power to authorize Special Exceptions if me following requirements are met: 5.41 The Special Exception shall be listed as such in Table A of mis Ordinance for the District requested 5.42 The Special Exception shall not involve any element or cause any condition mat may oe dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of Section 3 19, 5.43 The Special Exception shall be sited, oriented, and landscaped to produce a bar monious relationship of buildings and grounds to adjacent buildingsand properties; 5. The Special Exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood; 5.45 The Special Exception shall organize vehicular access and parking to minimize traffic congestion in me neighborhood; 5.M The Special Exception shall preserve the purpose of this Ordinance AS Non-Conforming uses: The Board of Zoning Appeals snail nave me power to authorize changes of lawful non conforming uses as follows 5.51 A non conforming use which occupies a portion of a structure or premises may be extended wimin such structure or premises as they exist when me prohibitory provision took effect, but not in violation of me area and yard requirements of the district in which such structure or premises are located. 5.52 The Board of Zoning Appeals may authorize a change of use of a non-conforming use or structure if the Board determines that the proposed new use would not cause hardships to me neighborhood properties or have an adverse effect on me character of me neighborhood; and is of greater restriction than the existing non conforming use. 5.53 The Board of Zoning Appeals may impose such conditions and safeguards as it deems necessary tor the protection of adjacent property and me public interest. ARTICLE 4 • Amendments Al General: Any legislative body that has adopted this Ordinance may introduce and consider amendments to mis Ordinance and to the Zone Maps covering their jurisdiction, as proposed by the legislative body, by the Area Plan Commission ..or by petition of the owners of property *. of fifty (50 per cent) per cent or more of me area involved in the petition. 4.2 Petitions: Petitions tor amendment shall be filed wim the Area Plan Commission, and the Petitioner, upon such filing, shall whether or mX me proposed amendment is enacted, pay the cost of public notice mat is required 4.3 Referral: Any proposed amendment net originating from the Area Plan Commission shall be referred to the Area Plan Commission tor consideration and report before any final action is taken by me Legislative Body The Area Plan Commission shall hold a public hearing, as prescribed by law. and report its findings and recommendations in writing to the Legislative Body 4.4 Action: After receiving the Area Plan Commission's report, the Legislative Body may proceed to take action on me proposed amendment in accordance wim State Law ARTICLE 7 Definitions 7.1 General: Certain words used in mis Ordinance are defined below. Words used in me present tense shall include the future, me singular number shall include the plural, and the plural singular. and the xvord "shall" is mandatory and not permissive. Accessory Use: A use customarily incidental and subordinate to the principal use and located on me same lot as the principal use Agriculture: Any use of land or structures for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture, or animal or poultry husbandry Accessory uses permitted in conjunction wim an agricultural use may include barns, stables, com cribs. si IOS, and other uses or structures that are clearly a part of an agricultural operation Area: Area of a lot or site sail be calculated from dimensions derived by horizontal protection of the si’A Board; The Board of Zoning Appeals established by this Ordinance . Cliatc: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight Club: An estalishment operated tor social, recreational, or educational purposes but open only to members and not the general public Coverage: That percentage of me lot covered by principal and accessory use structures Dwelling uoit Any structure or part of a structure designed or used as the living quarters tor one family. Dwelling, Single-Family: A detached resident.ai dwelling unit designed for and occupied by one family only DxxeUing, Twe-Family: A detached residential building containing two dwelling units, designed tor and occupied by not more man two families. r. Dwelling. Mum-Family: A residenhal building designed for three or more families, wim me number of families in residence not exceeding the number of dwelling unite provided essential Services: The erection, construction, alteration or maintenance, by public util.t es. Rural Electric membership cooperative,, or municipal or other governmental agencies of underground or overhead gas. electrical, steam or water transmission or distribution systems including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary tor the fur msh.ng of adequate service by such public utilities. Rural Electric membership cooperatives, or municipal or other governmental agencies or tor the public heaim or satetv or general xxettare but not including buildings. Family: One or more persons occupying a premises and livmg as a single housekeeping unit, as distinguished from a group occupying a boarding house lodging house, club, fraternity, or hotel Home Occupation. An occupation carried on in a dwelling which is cleorly incidental and secondary to the use of the building tor dwelling purposes, and which does not change me character thereof Los: A tract of land occupied or capable of being occupied by one or more structures. Los of Record: Any lot which individually or as part of a subdivision has been recorded in me office of me Kosciusko County Recorder Lot, Dept* of: A mean horizontal distance between me front and rear lot lines. Lot. Minimum Area et: The horizontally projected area of a lot computed exclusive of any portion of the rightM way of any public thoroughfares Lot. Width of ■ The mean width measured of right angles to the depth Non-Conforming Structures: A structure designed, converted, or adapted for a use prior to the adoption of prov isions prohibi ting such use in such location Non-Conforming Use: Non conforming use is any use or arrangement of land or structures Uglily existing at me time of enactment of mis Ordinance or any of its amendments, which OfLStreet°Parkin4: Themovtsion of perking spaces which are not located on any public rightofway rarian An individual, firm, partnership, corporation, company, association, joint stock aswiatam. or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative . Reserve Strip: A strip of land mat prevents or limits access to land dedicated or intended to be dedicated to public use Sim A sign is M»y identification, description, display or illustration which is affixed to or represented upon a structure or tract of land which directs attention ton object, product, place, activity, business, person, service, or interest. Structure: Anything constructed or erected, me use of which requires a fixed location on meground, including buildings, bitiboords. carports, porches, and other building features but not including sidewalks, drives, fences, and patios. Supply Yards: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. RecreatioMl Vehicle: A mobile vehicle, wim wheels, designed for overnight living or camping purposes, capable of being towed by a passenger automobile and having an overall length less man thirty five (35) feet and an overall width of not more than eight (I) feet Ywd: A space on me same lot wim the main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky. except as other wise provided in mis Ordinance Yard. Front: A yard extending across me tall width of the lot. the depth<of which shall be me least distance between me front lot line and the front of the main building. Yx< Rear: A yard extending the full width of me lot between me rearmost main building aid me rear lot line, me depm of which shall be me least distance betwsen me rear lot Hne and me rear of such main building. Yard. Side: A yard between the main building and me said lot line, extending from me front yard or front lot line where no front yard is required, to me rear yard The wtdm of me required side yard shall be measured horizontally and perpendicular from me neares point of the side lot line toward me nearest part of the main building. ARTICLES-Ordtaaace 4.1 This ordinance shall be in tall force and effect from and after March!, ws. . 4.2 Passed and adopted by The Board of County Commissioners of me county ar i mi ■■ ■■ PASSED < BY*HE*BOARD OF COUNTY COMMISSIONERS OF KOSCIUSKO COUNTY, INDIANA, THIS 2ND DAY OF JANUARY, W 5 iNntAUA BOAR DOF COMMISSIONERS OF KOSCIUSKO COUNTY. INDIANA Gerald Smalley. r-iUMwT __ Frederick W. Gißißß* MauriceOorseyCommissioner 315.22 ATTEST. Lawrence Butts. Auditor *

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