Document Browncounty-In_doc_ccff4c3bc6

1 BROWN COUNTY INDIANA ZONING ORDINANCE AN ORDINANCE FOR THE DEVELOPMENT THROUGH ZONING OF UNINCORPORATED AREAS OF BROWN COUNTY INDIANA. Be it ordained by the Board of County commissioners of Brown County, Indiana, under the authority of Chapter 174, as amended, General Assembly of the State of Indiana: ---PAGE BREAK--- 2 Table of Contents CHAPTER 1 1.1 SHORT TITLE AND 1.2 CHAPTER 2 2.1 KINDS OF DISTRICTS: 2.2 BOUNDARIES IN 2.3 BOUNDARIES: FLOOD 2.4 BOUNDARIES: FOREST RESERVE 2.5 BOUNDARIES: RESIDENTIAL CHAPTER 3 – AUTHORIZED 3.1 PRIMARY 3.2 ACCESSORY 3.3 FLOOD PLAIN (FP), FLOODWAY (FW), AND FLOOD FRINGE (FF) 3.4 SPECIAL 3.5 FLOOD PLAIN (FP) AND FLOODWAY (FW) USES BY SPECIAL EXCEPTION………………………………...28 3.6 3.7 NON-CONFORMING 3.8 NON-CONFORMING USES: FLOODPLAIN (FP), FLOODWAY (FW), AND FLOOD FRINGE (FF) 3.9 ADDITIONAL RESIDENTIAL STRUCTURES FOR MEDICAL NECESSITY……………………………………..32 CHAPTER 4 – USE 4.1 HEIGHT OF 4.2 MAXIMUM LOT COVERAGE: RESIDENTIAL ---PAGE BREAK--- 3 4.3 MINIMUM FLOOR AREA: RESIDENTAIL 4.4 MINIMUM LOT SIZES: RESIDENTIAL 4.5 MINIMUM LOT SIZE: USES REQUIRING SPECIAL EXCEPTIONS………………………………………………36 4.6 STANDARD SETBACKS 4.7 STANDARD 4.8 SETBACKS: VISION CLEARANCE AT 4.9 SETBACKS: USES REQUIRING SPECIAL 4.10 BUFFERING: MINIMUM DISTANCES FROM RESIDENTIAL DISTRICT OR 4.11 ENTRANCES 4.12 4.13 4.14 MISCELLANEOUS RESIDENTIAL 4.15 MISCELLANEOUS SIGN 4.16 WATER 4.17 INDUSTRIAL 4.18 FLOOD PLAIN (FP), FLOODWAY (FW), OR FLOODWAY FRINGE (FF) REQUIREMENTS………………...53 CHAPTER 5 – SPECIAL 5.1 FLEA A. B. Sanitation, Appearance, Hours of Operation, and C. Parking D. Licensing Permit for ---PAGE BREAK--- 4 E. Setback G. 5.2 HOME B. Examples of Uses that Frequently Qualify As Home C. Use D. Zoning Districts Where E. No Permit F. Permit G. Uses Permitted Only With Special H. CHAPTER 6 – IMPROVEMENT LOCATION PERMITS 6.1 6.2 CERTIFICATE OF 6.3 6.4 COORDINATION WITH OTHER AGENCIES AND 6.5 6.8 FILING CHAPTER 7 – ADMINISTRATION, ENFORCEMENT, AND 7.1 BOARD OF ZONING APPEALS: ESTABLISHMENT AND ORGANIZATION…………………………………….66 7.2 BOARD OF ZONING APPEALS: 7.3 COUNTY PLANNING 7.4 VIOLATIONS, PENALTIES, AND ---PAGE BREAK--- 5 7.5 7.6 PERMIT CHAPTER 8 – FILING FEES 8.1 THE BROWN COUNTY AREA PLAN COMMISSION SHALL SET APPROPRIATE FEES FOR THE FOLLOWING 8.2 Filing Fees: Non 8.3 Filing Fees: FILING CHAPTER 9- 9.1 9.2 EFFECTIVE CHAPTER 10 – FLOOD PLAIN 10.1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES…………………… 74 10.2 10.3 GENERAL 10.4 10.5 PROVISION FOR FLOOD HAZARD 10.6 VARIANCE 10.7 10.8 EFFECTIVE CHAPTER 11- AREA PLAN ---PAGE BREAK--- 6 11.1 11.2 11.3 11.4 QUALIFICATIONS OF 11.5 TERMS OF 11.6 REMOVAL OF 11.7 VACATED 11.8 11.9 MILEAGE AND 11.10 CONFLICT AND 11.11 OFFICIAL 11.12 PRESIDENT AND VICE 11.13 11.14 MEETINGS AND 11.15 STAFF AND 11.16 GENERAL POWERS AND 11.17 CITIZEN 11.18 EXECUTIVE 11.19 GIFTS AND 11.20 ALTERNATE 11.21 REVIEW OF ZONING 11.22 PLAT 11.23 NAMING AND RENAMING ---PAGE BREAK--- 7 CHAPTER 12 – WIRELESS COMMUINICATIONS 12.1 12.2 PERMITTED 12.3 GENERAL 12.4 APPLICATION REVIEW 12.5 PERFORMANCE 12.6 TEMPORARY 12.7 TABLE CHAPTER 1 – TERMINOLOGY 1.1 SHORT TITLE AND PURPOSE A. This ordinance may be cited as the "Brown County Zoning Ordinance". B. These regulations have been adopted in order to: 1. promote the orderly, responsible and beneficial development and use of land within the County Jurisdictional Area; 2. promote the public health, safety, comfort, convenience and general welfare of the residents and guests of the County; 3. protect the character and stability of residential, business and natural areas; and, 4. provide alternative accommodations for tourists in residential areas that have a limited impact on residential neighborhoods. 1.2 DEFINITIONS As used in this ordinance, the term: abandon, for purposes of Chapter 12, means to intentionally, permanently, and completely, cease all business activity associated with a wireless support structure. . ---PAGE BREAK--- 8 accessory building - means a subordinate building that is located on the same lot as a principal building ; accessory Equipment - means any equipment serving or being used in conjunction with a wireless communications wireless support structure or facility. Accessory equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, guy wires, equipment buildings, cabinets and storage sheds, shelters or other structures accessory dwelling unit - means a dwelling unit use established in an accessory building accessory use - means a subordinate use that relates to the same lot as a primary use administrative Approval means the zoning approval that the Administrator or the Administrator’s designee is authorized to grant after Administrative Review. administrative Review means the non-discretionary evaluation of an application by the Administrator or designee, without a public hearing. aircraft - any contrivance, now known or hereafter invented, for use or designed for navigation of or flight in the air or outer space, including missiles; (8/29/84) airport - means any area which is used or intended to be used for the taking off or landing of aircraft including helicopters, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie down areas; (8/29/84) alley - means a right of way, other than a street, road, crosswalk, or easement, that provides secondary access for the special accommodation of the abutting property; antenna means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service. antenna array – one or more whips, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (whip), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the Support Structure as defined in this chapter; apartment house - means the same as dwelling multi-family; (8/29/84) attached wireless communications facility (attached WCF) – means an antenna array that is attached or affixed to an existing building or structure (including but not limited to a utility pole, sign or water tower), along with an transmission cables and accompanying pose or device that attaches or affixes the antenna array to the existing building or structure; base station means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station. ---PAGE BREAK--- 9 bed and breakfast establishment – means an operator occupied residence, which provides up to seven guest rooms to the public for a fee, and as part of the fee provides breakfast and sleeping accommodations on a temporary basis no more than thirty (30) consecutive days to a particular guest). The term does not include hotels, motels, boarding houses, or food service establishments; block - means an area that abuts a street and lies between two adjoining streets or barriers such as a railroad right-of-way or a waterway; board - means the Brown County Board of Zoning appeals; boarding house - means a building not available to transients, in which meals are regularly provided for compensation for at least 3 but not more than 30 persons; building - means a roofed structure for the shelter, support, enclosure, or protection of persons, animals, or property (each part of such a structure that is separated by the rest by unbroken party walls is a separate building for the purposes of this ordinance); building area - means the horizontal protected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than 2 feet; building line - means the lines that establish the minimum permitted distance on a lot between the front line of a building and the street right-of-way; business - refers to the purchase, sale, or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises; business district - refers to AB and GB Districts; carrier on Wheels or Cell on Wheels (“COW”) or Mobile Stations means a portable self- contained wireless communications facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle- mounted and contains a telescoping boom as the antenna wireless support structure. cemetery - includes any columbarium, crematory, mausoleum, or mortuary, operated in conjunction with and on the same tract as the cemetery; certificate of occupancy - means a certificate issued by the Director and/or Zoning Inspector stating the occupancy and use of land or building or structure referred to, therein, complies with the provisions of this ordinance; (8/29/84) clinic - means an establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians or dentists are provided; co-location or collocation means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound. (7/26/2016) ---PAGE BREAK--- 10 commission - means the Brown County Area Plan Commission; concealed Wireless Communications Facility means any wireless communications facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed so that the purpose of the facility or wireless support structure for providing wireless services is not readily apparent to a casual observer. corner lot - means a lot at the junction of and abutting two intersecting or intercepting streets; county - means Brown County, Indiana; detached building - means a building that has no structural connection with another building; development for purposes of flood plain management, shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; directional sign - means a sign containing information limited to the name or the business, the nature of the business, the business logo, if any, and the distance and direction to the use being advertised; drive-in facility or establishment - means any place or premises used for sale or serving of food, refreshments, beverages or services in automobiles, including those establishments where customers may serve themselves and may carry out or consume the above on or off the premises; ( 8/29/84) director - means the Director or the Brown County Area Plan Commission; ( 8/29/84) dwelling - means a building or a part of a building, and associated accessory buildings that shall be used primarily as a place or abode, but not including hotel, motel, lodging house, boarding house or tourist home; dwelling unit - means a dwelling or part of a dwelling used by one family as a place of abode; dwelling single-family - means a detached building designed for or occupied by one family; (8/29/84) dwelling two-family - means a building designed for or occupied by two families living in separate units; (8/29/84) dwelling multi-family - means a building designed for or occupied by three or more families living in separate units; (8/29/84) electrical transmission tower means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole. Equipment compound means the area that surrounds or is near the base of a wireless support structure and encloses wireless communication facilities. ---PAGE BREAK--- 11 equipment facility – means any accessory structure used to contain ancillary equipment for WCF, which may include cabinets, small shelters, pedestals, or other similar structures. equipment storage - applies to a (one) building the purpose of which is limited to the storage and maintenance only of equipment and materials to be used in a business, which business is owned in part or entirely, by the person or organization which owns the property on which said building is located, and which business is carried on entirely off of said property; provided that this building is not used for the sale, trade, barter, or lease of the equipment stored therein. This definition shall not apply to any building used as a "shop" for a business in which materials are assembled or dismantled, or which serves as the "office" for the business involved. If such building is used in this manner, then "business" zoning must be obtained; existing manufactured home park, P.U.D. or subdivision for purposes of flood plain management, shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; existing Structure – Previously erected wireless support structure or any other structure, including but not limited to, buildings and water tanks, to which wireless communications facilities can be attached. The term does not include a utility pole or an electrical transmission tower. expansion to an existing manufactured home park, P.U.D. or subdivision for purposes of flood plain management, shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; fall zone - the area within which the wireless support structure is designed to collapse. family - means one or more persons living as a single housekeeping unit, but not including a group occupying a hotel, club, nurse's home, dormitory, or fraternity or sorority house; farm, confinement feeding - means any operations involving the production of livestock or fowl or related operations, indoors or outdoors, wherein more than 100 head of livestock or 5,000 fowl are kept within buildings or structures or in paved or unpaved feed lots, wherein five square feet or less of feed lot area is provided per laying hen, or eight square feet or less per hog weighing 225 pounds or less, or fifteen square feet or less per lamb or ewe, or fifty square feet or less per sow, or fifty square feet or less per feeder steer, or one hundred square feet or less per dairy cow, provided that this definition shall not apply to operations involved with processing of products of confinement feeding operations; (8/29/84) farm, general - means an area, containing five acres or more, used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery, or the production of livestock and poultry; FBFM for purposes of flood plain management shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; feeder street - is a street planned to facilitate the collection of traffic from local streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach major streets; ---PAGE BREAK--- 12 FEMA for purposes of flood plain management shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; FHBM for purposes of flood plain management, shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; FIRM for purposes of flood plain management, shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; flea market - means flea market, swap shop or meet, or similar activity, by whatever name, or those uses which involve the setting up of two or more booths, tables, platforms, racks or similar display areas for the purpose of selling or buying merchandise, goods, materials, products, or other items offered for sale outside a fully enclosed building. A "flea market" as defined herein shall not be intended to include a garage sale or bake sale, which occurs no more often than every two months for a period of not more than seven days, fruit and produce stands, booths in a fully enclosed building or art festivals or any similar activity or sales done by local civic groups or by local non-profit organizations; flea market vendor - means any individual, family, corporation, partnership, firm, organization, or any group that acts as a unit, which rents, buys, or occupies display area space in a flea market for the purpose of selling merchandise, goods, materials, products, or other items; flood or floodwater - means the water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse; floodway - means the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonable required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. Areas making up a floodway may be identified by formal action of the Natural Resources Commission or established by the Department of Natural Resources on a case-to-case basis; floodway fringe - means those portions of the flood hazard areas lying outside the floodways; flood hazard area - means those flood plains which have not been protected adequately from flooding by the regulatory flood by means of dikes, levees, reservoirs, or other works approved by the Natural Resources Commission; flood plain - means the area covered by floodwaters from the regulatory (one-hundred year) flood; flood proofed buildings - means a commercial or industrial building designed to exclude floodwaters from the interior of the building. All such flood-proofing shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood; flood protection grade - means the elevation of the lowest floor of a building or structure. If a basement is included, the basement floor is considered the lowest floor. Exception: ---PAGE BREAK--- 13 If a commercial or industrial building is flood-proofed as hereinafter defined, the term "flood protection grade" applies to the water surface elevation for which the building is protected; front line - with respect to a building, means the foundation line that is nearest the front lot line; front lot line: 1. for an interior or through lot, means the line marking the boundary between the lot and the abutting street; and 2. for a corner lot, means the line marking the boundary between the lot and each abutting street; (8/29/84).except as deed restrictions specify otherwise; front yard - means a yard that is bounded by the front line of the principal buildings, by the adjacent street right-of-way, and by the segments of the side lot lines that they intercept; floor area - means the total number of square feet of usable floor space within the exterior walls of a building exclusive of vent shafts and courts. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal protection of the roof or floor above. (8/29/84) garage private - means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports; (8/29/84) garage public - means any garage other than a private garage, for the parking of vehicles; (8/29/84) general industrial use - means manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which some operations, other than transportation, are performed in open areas; ground floor area - means the area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breeze-ways, terraces, garages and exterior or interior stairways; guest room – means any room in a tourist home or in a bed and breakfast establishment that is equipped and /or intended for use as a bedroom, including rooms equipped with sleeper sofas; height - with respect to a building, means the vertical distance from the lot ground level to the highest point, for a flat roof; to the deck line, for a mansard roof and to the mean height between eaves and ridges, for a gable, hip, or gambrel roof; height, WCF – means the vertical distance of a WCF or support structure, as measured from the ground elevation at the base of the WCF or support structure to the top of the structure, including antenna array(s); home occupation – means an accessory use of a dwelling unit for a business, profession, trade or vocation conducted within an enclosed dwelling, which is clearly incidental and secondary to residential occupancy and does not change the residential character thereof. ---PAGE BREAK--- 14 home stay – means a single-family residence that is occupied by the owner and that is used to provide up to two guest rooms to the public for a fee; hotel - means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradiction to a boarding or lodging house; (8/29/84) improvement location permit - means a permit signed by the Director stating that a proposed improvement complies with the provisions of this ordinance and such other ordinances as may be applicable; (8/29/84) interior lot - means a lot other than a corner lot or a through lot; junk yard - means a place, usually outdoors, where waste or discarded used property other than organic matter is accumulated and is or may be salvaged for re-use or resale; kennel - means a parcel, lot, or facility: operated as a business for the purpose of boarding, housing, grooming, breeding, selling (more than three litters per year), or training, dogs or cats, or both; or, operated as a non- municipal animal shelter or sanctuary. For purposes of this ordinance, kennel shall not include a parcel, lot, or facility in, adjoining, or surrounding a private residence where dogs or cats are kept as pets by the residents and used by the residents for companionship, hunting, practice tracking, exhibiting in shows or field or obedience trials, or for the guarding or protecting of the property or residents. light industrial use - means manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed; limited access highway - means a highway to which abutting properties are denied access; local manager – means a person who is responsible for responding to any complaints regarding the property subject to the permit and/or approval, and whose primary place of business is within a reasonable thirty minute drive from the property subject to the permit and/or approval; local street - is a street used primarily for access to abutting properties, usually residential. Certain local streets may be Marginal Access Streets parallel to Limited Access Major Streets. State Feeder Highways, or State Arterial Highways, thereby providing access from properties abutting such Marginal Access Streets to access points on such limited Access Streets or Highways; lodging house - means a building, not available to transients, in which lodgings are regularly provided for compensation for at least 3 but not more than 3O persons; logging operation - means the harvesting and/or removal of logs from a forest over a county highway, by a logging or trucking operator; (8/29/84) LOMA or letter of map amendment for purposes of flood plain management shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; LOMR or letter of map revision for purposes of flood plain management shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; ---PAGE BREAK--- 15 lot - a tract, plot, or portion of a subdivision or other parcel of land with a recorded description intended as a unit for the purpose whether immediate or future, of transfer of ownership or for building development. lot coverage - means the percentage of the lot area that is represented by the building area; lot ground level - 1. for a building having walls abutting (that is, generally parallel to and not more than 5 feet from) one street only, means the elevation of the sidewalk at the center of the wall abutting the street; 2. for a building having walls abutting more than one street, means the average of the elevations of the sidewalk at the centers of all walls that face streets, and; 3. for a building having no wall abutting a street, means the average level of the ground adjacent to the exterior walls of the building each abutting street; 8/29/84) lot width - means the distance between the side lot lines as measured on the building line; lowest floor for purposes of flood plain management shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; major street - means a street designated for large volumes of traffic movement. Certain major streets may be classed as limited access streets to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties; manufactured home for purposes of flood plain management shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; mineral extraction - means the mining or quarrying, and removal of earth materials; minor modification means any improvement to existing structures that do not qualify as substantial modifications, do not result in an increase to the fall zone to an extent that would result in a violation of the setback requirement and that is eligible for administrative review and approval. mobile home - means a vehicle or other portable structure more than 30 feet in length that is designed to move on the highway and designed or used as dwelling; mobile home park - means an area of land on which 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; mobile home tie downs (Schedule A) - means sufficient anchorage to resist flotation, collapse or lateral movement of any mobile home, at a minimum, such anchorage shall consist of: over-the-top ties be provided at each of the four corners of the mobile home, ---PAGE BREAK--- 16 with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one additional tie per side; frame ties be provided at each corner of the home with five additional ties per side at intermediate points, and with mobile homes less than 50 feet long requiring only four additional ties per side; all components of the anchoring system capable of carrying a force of 4,000 pounds and any additions to the mobile home be similarly anchored; monopole means a single, freestanding pole-type structure supporting one or more Antenna. For purposes of this Ordinance, a Monopole is not a Tower. motel - means a building or group of buildings in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicles; natural resources - means the Indiana Natural Resources commission; non-conforming use - means a use that exists at the time a provision of this ordinance is passed but does not comply with it; off-premise - means other than on the parcel of real estate upon which the use being advertised is located. This term shall not be construed, however, to allow advertising by connecting an otherwise off-premise location to a parcel upon which the use being advertised is located by a narrow strip of land. The intent is that signs other than directional signs be located on a parcel directly connected with, and in the immediate vicinity of, the use; open use - means the use of a lot without a building, or a use for which a building with a floor area no larger than 5 per cent of the lot area is only incidental; ordinary maintenance means ensuring that communications facilities and wireless support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example the strengthening of a wireless support structure’s foundation or of the wireless support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing wireless communications facility and relocating the antennas of approved communications facilities to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include minor and substantial modifications. permit authority means the Brown County board, commission, or employee that, or who, makes legislative, quasi-judicial, or administrative decisions concerning the construction, installation, modification, or siting of wireless facilities or wireless support structures. person - includes a corporation, firm, partnership, association, organization, or any other group that acts as a unit; planned unit development – means a type of land regulation which permits large scale, unified land development in a configuration and possibly in a mix of uses not otherwise permitted “as of right” under the Brown County Zoning Ordinance, but requiring under that Ordinance a special review and approval process. A Planned Unit Development may be established for predominantly Residential (Planned Residential Development), Commercial (Planned Commercial Development) or Industrial (Planned Industrial Development) purposes. ---PAGE BREAK--- 17 plat - means a map or chart that shows a division of land and is intended to be filed for record; principal building - means a building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling); private garage - means a garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments; private recreational development – means the provision of recreation-related products or services by private enterprise for a fee, with the long-term intent of being profitable, including but not limited to wedding venues; private school - means a school other than a public school; professional office - means an office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, physicians, and surgeons; public camp - means an area of land used or designed to be used to accommodate two or more camping parties, including cabins, tents or other camping outfits, but not including a travel trailer park; public garage - means a garage other than a private garage, whose services are available to members of the public or to persons occupying a hotel, club, or similar facility; public street - means a street established for or dedicated to the public use; rear lot line - for an interior or corner lot means the lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly-shaped lot it means the line 10 feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line; rear yard - means a yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line and the rear of the principal building; recyclable materials means materials that are designated as accepted by the Brown County Solid Waste District and are acceptable for recycling as defined in the Indiana Code. recycling means a process by which materials that would otherwise become solid waste are collected, separated for processing, and converted into materials or products for reuse or sale. recycling facility means a facility where recyclable materials are transferred from a vehicle or a container to another vehicle or container for transportation. The term does not include the following: a stand-alone roll-off recycling collection box; a stand-alone recycling trailer; a stand-alone dumpster designated for recyclable materials. regulatory flood for purposes of flood plain management, shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; ---PAGE BREAK--- 18 regulatory flood profile for purposes of flood plain management shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; replacement means removing the pre-existing wireless support structure and constructing a new wireless support structure of proportions and of equal height or such other height that would not constitute a substantial modification to a pre-existing wireless support structure in order to support a wireless communications facility or to accommodate collocation. residence district - refers to R1, R2, FR, and LR Districts; restaurant - means a building or structure in which food and drinks are prepared primarily for sale and consumption within such structure, including incidental take-out service; (8/29/84) road - see street; school, private - means a school other than a public school; (8/29/R4) school, public - means an institution conducting regular academic instruction at kindergarten, elementary, and secondary levels; (8/29/84) side lot line - means a lot boundary line other than a front or rear lot line; side yard - means a yard, between the principal building and the adjacent side lot line, that extends from the front yard, or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building; sign - means a visual device or structure used for advertising, display, or publicity purposes; small cell facility means: a personal wireless service facility (as defined by the Federal Telecommunications Act of 1996, as in effect on July 1, 2015); or, a wireless service facility that satisfies the following requirements: each antenna, including exposed elements, has a volume of three cubic feet or less; all antennas, including exposed elements, have a total volume of six cubic feet or less; the primary equipment enclosure located with the facility has a volume of seventeen (17) cubic feet or less. For purposes of part of this definition, the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure: electric meters; concealment equipment; telecommunications demarcation boxes; ground based enclosures; backup power systems; grounding equipment; power transfer switches; and cut-off switches. small cell network means a collection of interrelated small cell facilities designed to deliver wireless service. solid waste - is defined, for the purposes of this ordinance, as it is defined in the Indiana Code. solid waste convenience station facility - means a facility where household solid waste, transported to the facility by the generating household, is transferred from a vehicle to a ---PAGE BREAK--- 19 collection container. The term does not include the following: a facility accepting commercially generated and/or collected solid waste; a recycling facility. solid waste transfer station facility - means a facility where solid waste is transferred from a vehicle or a container to another vehicle or container for transportation The term does not include the following: a facility where the solid waste that is transferred has been generated by the facility; a solid waste convenience station facility; a recycling facility. special exception - means the authorization of a use that is designated as such by Section 3.1 as being permitted in the district concerned if it meets special conditions and, upon application, is specifically authorized by the Board under Section 3.3; state arterial highway - means a state highway primarily for heavy through traffic, capable of handling high traffic volumes; state feeder highway - means a state highway primarily for medium through traffic, capable of handling medium traffic volumes; stealth design – shall include those design and construction techniques used to disguise WCF and support structures and /or conceal an antenna array. Examples include, but are not limited to, rooftops, flagpoles, light poles, bell and clock towers, signs, water towers, silos, steeples, and chimneys; street - means a right-of-way thoroughfare, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property; structural change - means a substantial change in a supporting member of a building such as a bearing wall or partition, column, beam, or girder or in an exterior wall or roof; structure - means anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground. For flood plain management purposes, the term “structure shall have the meaning set forth in Chapter 10, Section 2 of the Brown County Zoning Ordinance; substantial modification - means any alteration, repair, enlargement or extension of an existing building. Such substantial modification is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building commences. This term does not, however, include either any project for improvement of a structure to comply with existing health, sanitary or safety code specifications or any alterations of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archaeological and Cultural Sites, Structures, Districts and objects; substantial modification wireless of a wireless support structure means the replacement of a wireless support structure and/or the mounting of a wireless facility on a wireless support structure in a manner that: increases the height of the wireless support structure by the greater of: ten percent (10%) of the original height of the wireless support structure; or, twenty (20) feet; adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of: twenty (20) feet; or, the width of the wireless support structure at the location of the appurtenance; ---PAGE BREAK--- 20 increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred (2,500) square feet; or, any improvement that results in a structure which fails to meet the General Standards and Design Requirements for Wireless Communications Facilities set forth in Chapter 12 of this Ordinance. The term does not include the following: Increasing the height of a wireless support structure to avoid interfering with an existing antenna; Increasing the diameter or area of a wireless support structure to: shelter an antenna from inclement weather; or, connect antenna to the wireless support structure by cable. support structure – means any structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device used to attach an attached WCF to an existing building or structure shall be excluded from this definition; temporary WCF – means any portable antenna array or attached WCF that is designed for temporary placement and does not require the construction of a support structure. through lot - means a lot fronting on two parallel or approximately parallel streets; tourist home - means a building in which not more than 5 guest rooms are used to provide or offer overnight accommodations to transient guests for compensation; tourist home building – means a building in which a tourist home is operated; tower means a lattice-type structure, guyed or freestanding, that supports one or more Antennas. trade or business school - means a secretarial or business school or college that is not publicly owned, is not owned, conducted, or sponsored by a religious, charitable, or non-profit organization, and is not a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hairdressing, or the industrial or technical arts; travel trailer - means a vehicle or other portable structure 3O feet or less in length that is designed to move on the highway and designed or used as a dwelling; travel trailer park - means an area of land on which 2 or more travel trailers 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 connection with providing that accommodation; utility pole means a structure that is owned or operated by public utility, communications service provider, municipality, electric membership corporation, or rural electric cooperative and that is designed and used to carry lines, cables, or wires for telephony, cable television, or electrical transmission, or to provide lighting. The term does not include a wireless support structure or an electrical transmission tower. utility structure – means any structure owned and/or operated by a public utility regulated by the Utilities Regulatory Commission (URC), excepting all WCF and/or support structures; ---PAGE BREAK--- 21 variance - means a special authorization granted under Section 3.4, to deviate from what the ordinance otherwise prescribes; warehouse - means a building or place where goods of 3 or more owners are received to store for hire; wireless communications facility or wireless facility means the set of equipment and network components necessary to provide wireless communications service. The term does not include a wireless support structure. wireless communications – means any wireless services as defined in the Federal Telecommunications Act, which includes FCC licensed commercial wireless telecommunications services (PCS, specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and other similar services that currently exist or that may in the future be developed; wireless communications facility or wireless facility means the set of equipment and network components necessary to provide wireless communications service. The term does not include a wireless support structure. yard - means a space on the same lot with a principal building that is open and unobstructed except as otherwise authorized by this ordinance; zoning inspector - means the Zoning Inspector appointed by the Brown County Area Plan Commission; (8/29/84) ---PAGE BREAK--- 22 CHAPTER 2 – DISTRICTS 2.1 KINDS OF DISTRICTS: ESTABLISHMENT A. The unincorporated areas of the county are divided into the following districts: 1. FLOOD PLAIN DISTRICT (FP) is designed to guide development in those areas identified as approximate 100 year flood boundaries by the Flood Boundary and Floodway Maps for Brown County, Indiana, by the Indiana Department of Natural Resources, by the Federal Emergency Management Agency, or as Zone A on the Flood Insurance Rate Maps for Brown County, Indiana. The FP district may stand by itself or it may be combined with any other district. 2. FLOOD-WAY DISTRICT (FW) is designed to guide development in areas identified as a floodway by the Flood Boundary and Floodway Maps for Brown County, Indiana, by the Department of Natural Resources, or by the Federal Emergency Management Agency based on a detailed flood hazard area assessment. The FW district may stand by itself or it may be combined with any other district. 3. FLOOD-WAY FRINGE DISTRICT (FF) is designed to guide development in areas identified as a floodway fringe by the Flood Boundary and Floodway Maps for Brown County, Indiana, by the Indiana Department of Natural Resources, or by the Federal Emergency Management Agency, based on detailed flood hazard area assessment. The FF district may stand by itself or it may be combined with any other district. 4. FOREST RESERVE DISTRICTS (FR) are established to include land that is for the most part rough terrain and where there is extensive public ownership of forest lands. 5. PRIMARY RESIDENCE DISTRICTS (Rl) are established to include areas that can be served by water or sewage utility systems, principally along State Highways and at present urban centers. 6. SECONDARY RESIDENCE DISTRICTS (R2) are established to include areas that have been subject to urbanization on a scattered pattern, principally along County Highways. 7. LAKE RESIDENCE DISTRICTS (LR) are established to include areas that adjoin extensive bodies of water in the county and are suitable for seasonal or permanent residences. 8. GENERAL BUSINESS DISTRICTS (GB) are established to include areas that are appropriate to all kinds of business and services. 9. ACCOMMODATION BUSINESS DISTRICTS (AB) are established to include areas that are close to LR Districts and appropriate to the limited shopping and service needs of those districts. ---PAGE BREAK--- 23 10. INDUSTRIAL DISTRICTS are established to include most of the existing industrial facilities and areas best suited for future industrial use because of location, accessibility, and other conditions. B. In the "FP", "FW" and "FF" Districts established herein, the degree of flood protection established in this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Large floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes such as ice or debris jams. This ordinance does not imply that areas outside flood hazard districts as defined here-in, will be free of flooding or flood damage. This ordinance does not create any liability on the part of the County of Brown, Indiana, the Plan Commission, the Department of Natural Resources, the State of Indiana, or any elected or appointed official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. C. All three districts, FP, FW, FF are subject to flooding by the regulatory flood. The "Flood- Way and "Flood-Way Fringe" districts are always to be used together. The "Flood plain" district is used by itself and does not overlap either of the other districts. D. If a high quality assessment of flood hazard areas has been made, the use of the "flood- way" - "flood-way fringe" combination can be used. Use of these two districts requires a definition of the area flooded by the one hundred year flood, the breakdown of this area into the two districts and a profile of that flood. If flood prone areas have been identified (with or without flood profiles) and floodway data is unavailable, the "flood plain district" should be used. E. If a FIA Flood Insurance Study has been completed for a community, the flood plain, flood- way or flood-way fringe district delineations should reflect at a minimum the delineations published in the Flood Insurance Study. 2.2 BOUNDARIES IN GENERAL A. The boundaries of the districts established by Section 2.1 are as shown on the zone maps, which are a part of this ordinance. Except as provided by Section 2.3, Section 2.4 and Section 2.5 such boundaries may be changed only by amending this ordinance. B. When the exact boundaries of a district are uncertain, they shall be determined by use of the scale in the zone maps or, in the case of a flood plain, by the Indiana State Department of Natural Resources-Division of Water, The Corps of Engineers, The U.S. Geological Survey or other reliable sources. C. When a right-of-way is vacated, the districts adjoining each side are respectively extended to the center of the area so vacated. D. If the boundary line of a district divides a lot having frontage on a street so that the front part of the lot lies in one district and part of the lot lies in another, a restriction that applies to the front part of the lot applies to the entire lot. ---PAGE BREAK--- 24 2.3 BOUNDARIES: FLOOD DISTRICTS The flood plain districts (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Brown County, Indiana" dated January 3, 1986, with the accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps along with any subsequent revisions to text or maps are hereby adopted by reference and declared to be a part of this ordinance. The zone maps of this ordinance are hereby amended to conform to the boundaries of the Flood Plain (FP) District, the Floodway Fringe (FF) District, and the Floodway (FW) District as defined in Section 2.l and as delineated on the Flood Insurance Rate Map and the Flood Boundary and Floodway Map. 1. Where land was formerly designated as a FP District only, but is no longer included as a FP District by this amendment, and where said land is bounded on all sides by the same zone as determined by the zone map, then said land shall be zoned the same as the surrounding land. 2. Where said land is bounded by a State or County Highway and is bounded on all other sides by one zone as determined by the zone map, said land shall be zoned pursuant to the terms of Section 2.5 of this Ordinance as to that portion of the land to which Section 2.5 applies, the balance of said land shall be zoned to conform with the zoning of the surrounding area as shown on the zone map. 3. Where said land is bounded by land which is zoned according to the zone map by two or more different zones, then said land shall be rezoned by further amendment to this ordinance by the proper legislative body. 2.4 BOUNDARIES: FOREST RESERVE DISTRICTS The boundary of an FR District will be subject to change as the boundaries of R1, R2, and LR Districts are adjusted as provided in Section 2.5. 2.5 BOUNDARIES: RESIDENTIAL DISTRICTS A. The boundaries of R1 and R2 Districts, other than those specifically shown on the Zone Map, are intended to be parallel, or approximately parallel, to the existing state and county highways and include lands adjacent to those highways for a distance of 300 feet on each side of the highway centerlines, the R1 District adjoining the state highways and the R2 District adjoining the county highways; however, any parcel of land fronting on a public high-way and having a lot width of at least 100 feet, to be improved for one principal building, or as a subdivision for which a plat is to be recorded, is included within the R1 District, if adjoining a state highway, or the R2 District, if adjoining a county highway, irrespective of the distance between the highway centerline and the rear lot line. B. The boundary of an LR District, other than specifically shown on the Zone Map, shall include residential lands adjoining a newly established reservoir at a site approximately as shown in the county comprehensive plan upon the approval of a Development Plan by the Commission in accordance with Title III of this ordinance. ---PAGE BREAK--- 25 CHAPTER 3 - AUTHORIZED USES 3.1 PRIMARY USES Primary uses are authorized in the districts established by or under Section 2.1, as shown in the following table, where the district designation is marked with an asterisk, the use is permitted in that district only if a special exception has been granted under Section 3.4. Where it is marked by a double asterisk, the use is permitted in that district only if it has been approved by the Commission as necessary to the convenience of employees and effective operation of an Industrial use. 3.2 ACCESSORY USES A. Accessory uses such as the following are authorized in all districts: Bird baths and bird houses Buildings (such as garages, studios and tool sheds) Curbs Driveways Fences and hedges Lamp posts Mail boxes Name plates Parking spaces Public utility installations (such as utility wire poles, hydrants, and telephone booths) Retaining walls Trees, shrubs, plants, and flowers Walks B. For any primary use for which a special exception is prescribed by Section 3.l, an outdoor sign that advertises that use is authorized as an accessory use, if the sign is located on the same property as the use and the sign is approved by the Board. Directional signs may be allowed if approved by the Board. C. Accessory buildings may not be used or designed for human occupancy, and accessory uses involving human occupancy may not be established, except as permitted in this Part of Section 3.2 In all Zoning Districts, one accessory dwelling unit may be established on a lot. The minimum total floor area shall be 400 square feet. The maximum total floor area shall be the lesser area of 1300 square feet or 75% of the primary building's total floor area. The accessory dwelling unit shall be served by a community sewage disposal system or by an individual sewage disposal system. The accessory dwelling unit may be served by the primary use's individual sewage disposal system if the system is appropriately sized and found to be in compliance with the Brown County Septic Ordinance. The height and setback standards of Chapter 4 of the Zoning Ordinance apply to the accessory dwelling unit. The accessory dwelling unit must remain accessory to the primary use and shall not be sold separately, or otherwise divided, from the primary use. Accessory dwelling units may not be used as tourist homes or for other short-term rental purposes. Accessory dwelling units may be rented for minimum rental periods or terms of 31 days. ---PAGE BREAK--- 26 3.3 FLOOD PLAIN (FP), FLOODWAY (FW), AND FLOOD FRINGE (FF) USES A. In Floodway (FW) Districts and Flood Plain (FP) Districts, the following uses are authorized, provided they do not involve the erection of any structure or obstruction, the opening of any excavation or the disposition of any material or substance, and comply with other provisions of this ordinance. 1. Agriculture uses such as the production of crops, pastures, orchards, plant nurseries, vineyards, and general farming. 2. Forestry, wildlife areas, and nature preserves. 3. Parks and recreational uses, such as golf courses, driving ranges, and play areas. ---PAGE BREAK--- 27 PRIMARY USE DISTRICTS IN WHICH PERMITTED FP FR R1 R2 LR GB AB I RESIDENTIAL USES Boarding or lodging house GB AB Dwelling, single family FR R1 R2 LR GB AB Dwelling, two-family FR R1 R2 GB AB Dwelling, multi-family R1* R2* GB AB Equipment storage FP* FR* R1* R2* GB AB I Farm seasonal worker housing FR R1 R2 LR GB I Fraternity, sorority, or student FR R1 R2 LR GB cooperative Home for the aged FR R2 LR GB Nursing home FR R2 LR GB Private swimming pool FP FR R1 R2 LR GB I* AGRICULTURAL USES Artificial lake of 3 or more acres FP* FR* R1* R2* LR* GB* I* Commercial greenhouse FP* FR* R2* LR* GB I* Farm FP FR R1 R2 LR GB AB I Plant nursery FP FR R1 R2 LR GB AB I INDUSTRIAL USES Bottled gas storage & distribution FR* I* Industrial Park I* Industry, general FR* I* Industry, light FP* FR* GB I Junk yard FR* I* Liquid fertilizer storage and FR* I* distribution Manufacturing, storage or FP** FR** use of explosives Mineral extraction FR* I Mineral extraction, borrow pit, FP* FR* I* topsoil removal, storage areas Petroleum tank farm FR* I* Radio & Television Tower FP* FR* R1* R2* LR* GB* AB* I* Slaughterhouse FR* GB* I* Truck freight terminal GB* I* ---PAGE BREAK--- 28 PRIMARY USE DISTRICTS IN WHICH PERMITTED FP FR R1 R2 LR GB AB I PUBLIC FACILITIES Airport or heliport FR* R1* R2* LR* I* Church or temple FR R1 R2 LR GB AB Kindergarten or day nursery FP FR R1 R2 LR GB AB I Municipal or government building FR R1 R2 LR GB AB I Penal or correctional institution FR* R2* I* Police station or fire station FR* R1* R2* LR* GB* I* Public art gallery, library or FR R1 R2 LR GB AB museum Public park or recreational FP FR R1 R2 LR GB AB I facility - boat docks Public or commercial sanitary fill, FR* R2* I* refuse dump, or garbage disposal plant Public or commercial water FP* FR* R1* R2* LR* GB* AB* I* supply or sewage disposal plant Public/Employee parking area FP* FR* R1* R2* LR* GB* AB* I* Railroad right-of-way and FP* FR* R1* R2* LR* GB* AB* I* necessary uses Recycling Facility FP* FR* R1* R2* LR* GB* AB* I* School, public or parochial FR R1 R2 LR AB Solid waste convenience FP* FR* R1* R2* GB* AB* I* station Solid waste transfer station FR* R2* I* Telephone exchange or FP* FR* R1* R2* LR* GB* AB* I* public utility substation Trade or business school GB I Transmission line for gas, FP* FR* R1* R2* LR* GB* AB* I* oil, electricity, or other utilities University or college FR R1 R2 LR GB AB Wireless Communication FP* FR* R1* R2* LR* GB* AB* I* Facilities BUSINESS USES: APPLIANCES Electrical appliance sales & service GB Radio-TV service and sales GB Other similar uses GB ---PAGE BREAK--- 29 PRIMARY USE DISTRICTS IN WHICH PERMITTED FP FR R1 R2 LR GB AB I BUSINESS USES: AUTOMOTIVE SALES Automobile sales room GB Automobile or trailer sales area, open GB Automobile repair (all indoors) GB Filling or service station GB AB Public garage GB Public parking area GB AB Other similar uses GB BUSINESS USES: CLOTHING SERVICES Dressmaking shop GB Dry cleaning establishment GB Laundry agency GB AB Millinery shop GB Self-service laundry GB AB Shoe repair shop GB AB Tailor and pressing shop GB Other similar uses GB BUSINESS USES: FOOD SALES AND SERVICES Bakery GB Dairy GB Delicatessen GB AB Grocery GB AB Locker, cold storage, for individual use GB Meat market GB AB Restaurant GB AB Roadside sales stand – FP FR R1 GB agricultural products Supermarket GB Wholesale produce terminal GB* I* Other similar uses GB* BUSINESS USES: GENERAL BUSINESS Bank GB Business or professional office GB AB ---PAGE BREAK--- 30 PRIMARY USE DISTRICTS IN WHICH PERMITTED FP FR R1 R2 LR GB AB I Postal station GB Telegraph office GB Other similar uses GB BUSINESS USES: PERSONAL SERVICES Barber shop GB AB Beauty shop GB AB One operator barber or beauty shop R1* R2* Reducing salon GB Other similar uses GB BUSINESS USES: RECREATION Billiard room GB Bowling alley GB Country club or golf course FP* FR* R1* R2* LR* I* Dancing academy GB Lodge or private club FR R2 LR GB Night club GB Private recreational FP* FR* R1* R2* LR* GB* AB* development Public camp FR* R2* LR* Riding stable FR* R2* LR* GB* AB* I* Seasonal hunting or FP* FR* R1* R2* LR* GB* I* fishing lodge Stadium or coliseum FR* R1* R2* GB I* Tavern GB Theatre, indoor GB Theatre, outdoor FR* R2* GB* I* Other business uses similar GB to those footnoted BUSINESS USES: RETAIL SALES Apparel GB Department store GB Drugstore GB AB Flower shop GB AB Gift Shop GB AB Hardware store GB Jewelry store GB ---PAGE BREAK--- 31 PRIMARY USE DISTRICTS IN WHICH PERMITTED FP FR R1 R2 LR GB AB I News Dealer GB AB Record shop GB Retail showroom GB Stationer GB Variety store GB Other similar uses GB BUSINESS USES: MISCELLANEOUS Advertising sign or billboard GB AB Art gallery FR R1 R2 LR GB AB Bait sales FP* FR* R1* R2* LR* GB AB Bed and Breakfast FR* R1* R2* LR* GB AB Boat sales, service and storage GB AB Cemetery or crematory FR* R1* R2* LR* Clinic FR* R1* R2* LR* GB AB I* Commercial facility for breeding FR* GB* and raising non-farm fowl or animals Farm equipment, sales and service GB Flea market (see section 5.1) FP* GB* Home occupation FP FR R1 R2 GB* AB I Home Stay FR R1 R2 LR GB AB Hospital FR* R1* R2* LR* GB* Hotel or Motel FR* R1* GB AB Kennel FR* GB Mobile home park FR* R1* R2* GB* Mortuary R1* R2 GB Noncommercial signs FP FR R1 R2 LR GB AB I On-premise commercial FP FR R1 R2 LR GB AB I message signs Photographic studio GB Planned unit development FP FR R1 R2 LR GB AB I Professional office FR* R1* R2* Railway station or motor bus station GB Retail business not otherwise covered GB Sales barn for livestock resale R2* GB I Tourist home FR* R1* R2* LR* GB AB Travel trailer park FR* LR* GB* Veterinary hospital for small animals GB I* Warehouse FR* R1* R2* GB I Wholesale business GB ---PAGE BREAK--- 32 Footnotes 1 Only if it contains not more than 2 clothes-cleaning units, neither of which has a rated capacity of more than 40 pounds, and only if it uses non-explosive and non-flammable cleaning fluid. 2. Including greenhouse not larger than 1000 square feet in area. 3. Only if conducted in noise-proof building. 4. Only if Planned Unit Development procedures are followed as outlined in the Brown County Subdivision Ordinance. 5, Special Exception may or may not be required. See CHAPTER 5 - SPECIAL PROVISIONS Section 5.2 Home Occupations. 6. Home stay uses are subject to the home occupation regulations set forth in Chapter 5, section 2 of the Ordinance. 7. Regardless of zone, tourist homes shall comply with all relevant life, health and safety codes as a condition of improvement location permit issuance. 6. Home stay uses are subject to the home occupation regulations set forth in Chapter 5, section 2 of the Ordinance. 7. Regardless of zone, tourist homes shall comply with all relevant life, health and safety codes as a condition of improvement location permit issuance. 8. In addition to other reasonable conditions, the approval of a bed and breakfast establishment special exception shall be conditioned on continuing compliance with all relevant state health (I.C. Title 16, Article 41) and building code provisions. Regardless of zone, bed and breakfast establishments shall comply with all relevant life, health and safety codes as a condition of improvement location permit issuance. 9. Unless exempted from the special exception use permit requirement by Chapter 12. B. In Floodway Fringe (FF) Districts, the following uses are authorized. All facilities, structures, uses and buildings consistent with other provisions of this ordinance may be constructed in this district provided that the flood protection grade for all buildings shall be at least two feet above the regulatory flood profile. ---PAGE BREAK--- 33 3.4 SPECIAL EXCEPTIONS A. The Board may grant a special exception for a use in a district, if after a hearing under Section 7.2 it finds that: 1. Section 3.1 authorizes a special exception for that use in that district; 2. the requirements for special exceptions prescribed by this ordinance will be met; and, 3. granting the exception will not subvert the general purposes served by this ordinance and will not materially and permanently injure other property or uses in the same district and vicinity. In order to inform the public and to promote consistency and fairness, the Board may adopt standard guidelines and conditions for its use in determining whether a proposed special exception will subvert the general purposes served by this ordinance or will materially and permanently injure other property or uses in the same district and vicinity. A violation of a condition of special exception approval shall constitute a violation of the Ordinance which may be remedied in any manner authorized by this Ordinance or by statute. B. The granting of a special exception under subsection is unnecessary for a use authorized by Section 3.1, if the use exists on the date this ordinance is passed. However, this subsection does not extend to the expansion of such a use, if it involves the enlargement of a building, structure or land area. C. To be eligible for the granting of a special exception under this section, a person must apply for an improvement location permit under Section 6.l. The Planning Coordinator shall send each such application to the Board of Zoning Appeals for action under item above. If the Board grants the special exception, it shall direct the Planning Coordinator to issue the improvement location permit for the special exception. D. Construction of improvements shall begin within one year of the date of approval and completed within one year of the date construction began. However, the Commission may extend the completion date for one year provided the petitioner has made timely application to the Board for such an extension and that good cause is shown why it should be granted. E. Upon abandonment of a development authorized (abandonment shall be deemed to have occurred when no improvements have been made pursuant to the terms of the special exception approval for twelve consecutive months) or upon the expiration of an extension granted by the Board, the permission previously conferred for the development shall be deemed withdrawn and of no force or effect whatever. 3.5 FLOOD PLAIN (FP) AND FLOODWAY (FW) USES-BY SPECIAL EXCEPTION A. In Flood Plain (FP) Districts the following uses may be permitted by special exception but only after a proper permit or letter of recommendation for same has been granted by Natural Resources. All terms and conditions imposed by Natural Resources shall be ---PAGE BREAK--- 34 incorporated in any permit issued by the Planning Coordinator. However, the Board of Zoning Appeals may impose greater restrictions than those issued by Natural Resources. All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood profile. 1. Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawall, floodwalls, weirs, and irrigation facilities, 2. Transportation facilities, such as streets, bridges, roadways, fords, airports, pipelines, railroads, and utility transmission facilities. 3. Temporary or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands, and transient amusement facility sites. 4. Water-related urban uses, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities. 5. Other flood tolerant or open space urban uses, such as flood proofed buildings, racetracks, tennis courts, park buildings, outdoor theater, fills, truck freight terminals, radio or TV towers, parking lots, and mineral extractions. 6. Mobile homes (temporary or permanent) having pads (concrete or stands of compacted fill) at or above the regulatory flood elevation and ground anchors meeting Mobile Home Tie Downs; Schedule A. (Permitted in FF Districts only). 7. Residential structures (only in Flood Fringe areas). B. In Flood Way (FW) Districts, the following special exception uses may be permitted only after a permit for construction in a floodway has been granted by Natural Resources. All terms and conditions imposed by Natural Resources shall be incorporated in any permit issued by the Planning Coordinator. However, the Board of Zoning Appeals may impose greater restrictions than those issued by the Natural Resources. All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood profile. 1. Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs and irrigation facilities. 2. Transportation facilities, such as streets, bridges, roadways, fords, airports, pipe lines, railroads and utility transmission facilities. 3. Temporary or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands and transient, amusement facility sites. 4. Water related urban areas, such as wastewater treatment facilities, storm sewers, electrical generating and transmission facilities and water treatment facilities, ---PAGE BREAK--- 35 5. Other flood tolerant or open space urban uses, such as flood proofed industrial and commercial buildings, race tracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or TV towers, parking lots and mineral extraction. 3.6 VARIANCES A. The Board may grant a variance with respect to specific property, if after a hearing under Section 7.2 of the Brown County Zoning Ordinance, it finds that: 1. There are special circumstances relating to the property that do not generally affect other property or other uses of the same kind in the same district and vicinity. 2. The special circumstances create hardship in that, if the variance is not granted, a substantial property right that is enjoyed by other properties in that district and vicinity cannot be enjoyed. 3. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to other property or uses in that district and vicinity. B. Variances issued for Floodway (FW), Flood Fringe (FF) or Flood Plain (FP) Districts shall be subject to the following additional restrictions: 1. No variance for a residential use in a Floodway (FW) District shall be granted. 2. No variance for a Floodway (FW) District shall be granted until a permit has been obtained from Natural Resources, 3. Variances to the flood protection grade requirements in a Floodway Fringe (FF) District may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection elevation. 4. No variance for a Flood Plain (FP) District shall be granted until permit or letter of recommendation is issued by Natural Resources. If a letter of recommendation is issued by Natural Resources, the Board may apply the standards in of this section. 5. A variance may be granted for the reconstruction or restoration of any structure listed on the National Register of Historic Places of the Indiana State Survey of Historic, Architectural, Archaeological and Cultural Sites, Structures, Districts and Objects. 6. Variances shall give only the minimum relief necessary and only upon a showing of good and sufficient cause by the applicant. 7. The Board shall issue a notice to the recipient that the proposed land use change may be subject to increased risk of property loss and could require exceedingly high flood insurance premiums. Placement of mobile homes in a floodway is prohibited except in the case of an existing mobile home park or subdivision. ---PAGE BREAK--- 36 C. Any construction made possible by the granting of the variance must be completed within one year of the date of approval. However, the Board may extend the completion date for one year provided the petitioner has made timely application to the Board for such an extension and that good cause is shown why it should be granted. The approval of the variance by the Board for any construction which has not been completed within one year (two years if an extension is granted) shall be deemed withdrawn and of no force or effect whatever. 3.7 NON-CONFORMING USES A. A use that exists on the date on which this ordinance or an amendment to it is passed may, if otherwise lawful, be continued, and a more restricted use may be substituted for it, even though that use or the more restricted use does not conform to the ordinance or amendment. Such a use may be extended to other parts of the same building, if the extension involves no structural changes other than those required by law. B. A use otherwise covered by subsection may not be carried on in a building that is erected after the use becomes a non-conforming use. However, a use designated for a building for which a building permit is issued before this ordinance or an amendment to it is passed may, if otherwise lawful, be carried on even though it does not conform to the ordinance or amendment, but only if: 1, Construction is diligently carried on before the expiration of 90 days after the date of the permit; and 2. The building is completed according to the filed plans before the expiration of 3 years after the date the ordinance or amendment, as the case may be, is passed. C. A use covered by subsection or ceases to be authorized if: 1. It is discontinued for a 6-month period during which it is succeeded by no other non- conforming use; or 2. It is an open use and 5 years have elapsed since the date the ordinance or amendment, as the case may be, was passed. D. A use otherwise covered by subsection or may not be carried on in a building that is damaged, by more than one and one-half times its current assessed value, by fire, explosion, act of God, or the public enemy. 3.8 NON-CONFORMING USES: FLOOD PLAIN (FP), FLOOD WAY (FW), AND FLOOD FRINGE (FF) Any building, structure or other use in a FP, FW or FF District, which is not in accordance with this ordinance constitutes a non-conforming use. 1. In a Floodway (FW) District, no non-conforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in a floodway from Natural Resources. ---PAGE BREAK--- 37 2. A non-conforming use in a Floodway Fringe (FF) or Flood Plain (FP) District may be altered, enlarged, or extended on a one-time-only basis, provided the procedures set forth in this ordinance with respect to new construction in such Districts are followed and further provided such alterations, enlargements, or extensions do not increase the value of the building or other use (excluding the value of land) by more than forty (40) percent of its pre-improvement market value, unless such building, structure or use is permanently changed to a conforming use. 3. Any non-conforming use in the FP, FW and FF Districts, which is damaged by flood, fire, explosion, Act of God, or the public enemy may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the buildings, excluding the value of the land by more than forty (40) percent of its pre- damage value. 3.9 ADDITIONAL RESIDENTIAL STRUCTURE FOR MEDICAL NECESSITY A. A person may, with a special exception, and under the following circumstances, locate on the same lot or parcel where one residential structure currently exists, without the necessity of the subdivision of said lot or parcel, a mobile home for the purpose of caring for a sick or disabled family member of the applicant, whether or not such person currently resides in the existing structure, or intends to occupy the added structure, provided that the applicant present to the Area Plan Commission and the Board of Zoning Appeals a physician's statement specifically setting forth the nature of the disability or sickness, the probable duration thereof, and the physician's opinion that full-time care is necessary to assure the health and safety of the person alleged to be sick or disabled, and provided further that: 1. The mobile home so located is incidental or secondary to the currently existing residential structure (hereinafter referred to as "primary structure"). 2. The "family member" and the person or persons to be caring for said family member are related and no further removed than a parent, child, grandparent, great- grandparent, aunt, uncle, brother, or sister. 3. There are no residential structures other than the primary structure existing on the lot or parcel. 4. The primary structure is a single-family dwelling. 5. The mobile home so located remains temporary, and no permanent or immobile structures are attached to it. 6. The addition of the mobile home on the lot or parcel will not create or add to unsanitary conditions. 7. The allowing of the mobile home shall not materially change the character of the zoning district and vicinity, materially lower the market value of adjacent property, or materially increase congestion in the streets. ---PAGE BREAK--- 38 B. Once an Improvement Location Permit has been issued under this Section, the mobile home and the person or persons to be occupying said mobile home must be moved in no later than 60 days from the date of the issuance of said Permit, or said Permit shall automatically expire. C. An Improvement Location Permit issued under this Section shall be valid for one year from the date of issuance. The Permit may be renewed annually for an additional one year, provided that the holder thereof presents to the Plan Director an up-to-date physician's statement addressed to and satisfying the requirement set forth in Paragraph A above D. An Improvement Location Permit issued pursuant to this Section, if renewed, may be renewed annually for two years only; should a third renewal be desired, the applicant must again appear before the Area Plan Commission and the Board of Zoning Appeals and show his entitlement thereto in the same manner as if this was an initial request. Before appearing, the applicant must again publish notice in the newspaper and circulate certified letters in the same manner as is required by this Ordinance for special exceptions. E. If at anytime prior to the expiration of the term of the Permit the situation regarding the sick or disabled family member should change to the point that full-time care is no longer necessary, the applicant shall report that fact immediately to the Plan Director, and the Permit previously issued shall be withdrawn, and the mobile home shall be removed no later than 60 days thereafter. Should the applicant fail or refuse to either report such a change as aforesaid, or remove the mobile home within the allotted time, the Plan Commission may, in addition to all other remedies available to it, assess a fine in the sum of $15.00 per day, and may also forever bar the applicant from again receiving an Improvement Location Permit under this Section of the Ordinance. That Chapter 3 of said Zoning Ordinance be amended to reflect that additional residential structures for medical necessity shall be allowed by special exception only, and in any zoning district except FP. ---PAGE BREAK--- 39 CHAPTER 4 – USE REQUIREMENTS 4.1 HEIGHT OF STRUCTURES A. Except as otherwise provided by this section, no structure may be erected or changed so as to make its height greater than 25 feet if it is in an LR District, 35 feet if it is in an FR, R1, R2, GB, or AB District, or 75 feet if it is in an I District. B. A clinic that is authorized as a special exception under Section 3.3 may be erected or changed to a height not greater than 45 feet or the height prescribed for the district by subsection whichever is the greater. A hospital that is authorized as a special exception under Section 3.3 may be erected or changed to a height not greater than 70 feet or the height prescribed for the district by subsection whichever is the greater. C. In a GB District, a light industrial structure may be erected or changed to a height not greater than 75 feet. In an I District, an industrial structure may be erected or changed to any height. D. An agricultural structure may be erected or changed to any height necessary for its operation. E. In an FR, R1, or LR District, a multi-family structure may be erected or changed to a height not greater than 25 feet. However, up to a maximum of 35 feet, its height may exceed 25 feet by 1 foot for each foot that the side yards exceed those prescribed by this ordinance. F. The height of a business structure may exceed the height otherwise prescribed for it by this ordinance by 2 feet for each foot that the front and rear setbacks exceed the setbacks prescribed by this ordinance. G. Spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, penthouses, stacks, tanks, water towers, transmission towers, and necessary mechanical appurtenances may be erected or changed to any height that is not otherwise prohibited. 4.2 MAXIMUM LOT COVERAGE: RESIDENTIAL USES The residential buildings on a lot may not exceed in coverage the following percentages of total lot area: DISTRICT FR R1 R2 LR GB AB Percentage of Coverage 10 30 30 30 25 25 ---PAGE BREAK--- 40 4.3 MINIMUM FLOOR AREA: RESIDENTIAL USES No dwelling may be erected or changed so that its ground floor size, in square feet, is less than that prescribed by the following table: DISTRICT Kind of Dwelling: FR R1 R2 LR GB AB A. One-Story Dwellings: 1. Single-Family 240 900 500 500 600 600 2. Two-family 1000 1200 1200 3. Multi-Family (Same as two-family plus 400 sq. ft. per dwelling unit) B. More than One-Story Dwellings: 1. Single-Family 240 800 500 500 600 600 2. Two-Family 1000 1000 1000 3. Multi-Family (Same as two-family plus 400 sq. ft. per dwelling unit) 4.4 MINIMUM LOT SIZES: RESIDENTIAL USES A. A lot on which a dwelling is erected or changed may not be smaller in area, in square feet per dwelling unit, exclusive of any portion of the lot which is under a body of water - using the high water mark to delineate its outer edge, than that prescribed for it by the following table: KIND OF DWELLING: ACREAGE PER DWELLING UNIT DISTRICT FR R1 R2 LR GB AB Single-Family with Community Sewage disposal System 2 1 1 .16 .16 .16 Single-Family with Individual Sewage Disposal System 3 3* 3* .50 .50 .50 Two-Family with Community Sewage Disposal System 1 .50 .50 .10 .10 Two-Family with Individual Sewage disposal System 3 1 1 .25 .25 Multi-Family with Community Sewage disposal System .50 .50 .10 .10 Multi-family with Individual Sewage disposal System 1 1 .25 .25 * Minor Subdivided Lots 1.5 acre minimum/Major Subdivided Lots 1 acre minimum ---PAGE BREAK--- 41 B. A lot on which a dwelling is erected or changed may not be smaller in width, in linear feet, than prescribed for it by the following table: KIND OF DWELLING: DISTRICT FR R1 R2 LR GB AB Single-Family 100 80 100 60* 60 60 Two-family 100 100 100 70 70 Multi-Family 120 150 80 80 * 100 feet, if an individual sewage disposal is used. C. A Single-family dwelling may be located on any lot in any District in which single-family dwellings are permitted, if the lot was in single ownership or included in a subdivision which was on record in the office of the County Recorder at the time of passage of this ordinance, even though the lot does not have the minimum lot width or the minimum lot area, or both, specified for the District. 4.5 MINIMUM LOT SIZE: USES REQUIRING SPECIAL EXCEPTIONS A lot on which one of the following uses is located may not be smaller in area than the area prescribed for that use opposite it in the following table: USE MINIMUM LOT AREA Airport 80 acres Cemetery or crematory 10 acres Clinic 15,000 sq. ft. Commercial facilities for raising and breeding non-farm fowl and animals 5 acres Commercial greenhouse 25,000 sq. ft. Heliport 1 acre Home Occupation * Hospital 5 acres Industry, light (FP) 4 acres with 200 feet lot width Industrial Park 15 acres Junk yard 10 acres Kindergarten or day nursery 110 sq. ft per child Mobile home park, or travel trailer park 5 acres (Minimum area per unit: 2500 sq. ft.) Penal or correctional institution 320 acres Police station or fire station 20,000 sq. ft. Public camp 5 acres Public or commercial dump, or garbage disposal plant 5 acres Public or commercial sanitary fill, refuse dump 10 acres Public or employee parking lot 1,500 sq. ft. ---PAGE BREAK--- 42 Recycling facility .75 acre USE MINIMUM LOT AREA Riding stable 20,000 sq ft. plus 5,000 sq. ft., for every horse over four Seasonal fishing or hunting lodge * Solid waste convenience station .75 acre Solid waste transfer station 5 acre for FR and 2 acres for R2 Stadium or coliseum 5 acres Tourist home * Wholesale produce terminal 15 acres * The requirements of the district in which the use is located apply to the use. 4.6 STANDARD SETBACKS A. The minimum distance between the front line of a building and the centerline of: State Road 46 is 110 feet. State Road 135 and State Road 45 is 75 feet. All other roads, including private roads, is 50 feet. However, if in a residence or business district 25 per cent of the lots in a block are occupied by buildings, the minimum setback for the block is the average setbacks of those buildings. A through lot has a setback on each abutting street. B. The minimum depth of rear yard for a residential use is 15 feet in a GB, or AB District and 25 feet in any other district in which the use is permitted. The minimum depth of rear yard for a business or industrial use is 15 feet, except for service to water areas by business uses permitted in an AB District. One half of an alley abutting the rear of a lot may be counted as part of the rear yard. C. The minimum side yard for a residential use is 5 feet in a GB, or AB District and 10 feet in any other district in which the use is permitted. The minimum aggregate width of both side yards for a residential use is 15 feet in a GB, or AB District and 25 feet in any other district in which the use is permitted. D. Except where a business district adjoins a residence district, there is no minimum side yard for a business use. Where a business district is separated from an adjoining residence district by a street, the minimum side yard is 5 feet. Where the two districts adjoin within the same block, the minimum side yard is 10 feet. E. Except where an industrial use adjoins a residence district, a side yard need not be provided for an industrial use. However, if a side yard is provided, it must be at least 6 feet. Where the use adjoins a residence district, the minimum side yard is 30 feet. 4.7 STANDARD SETBACKS A. In a residential district, an accessory building may be located no closer to a side lot line than 3 feet and no closer than the minimum front setback requirement allowed in 4.6 ---PAGE BREAK--- 43 B. If an interior lot abuts a corner lot or an alley separating them and the front yards of the two lots are perpendicular to each other, an accessory building on the rear lot line of the corner lot may be located no closer to the street abutting the interior lot than the principal building on the interior lot. However, for each foot that the accessory building is located away from the rear lot line of the corner lot the accessory building may be 4 inches closer to the street, but no closer than 5 feet. 4.8 SETBACKS: VISION CLEARANCE AT INTERSECTIONS At the intersection corner of each corner lot, the triangular space determined by the two lot lines at that corner and by a diagonal line connecting the two points on those lot lines that are 15 feet respectively from the corner shall be kept free of any obstruction to vision between the heights of 2-1/2 and 13 feet above the elevation of the traveled area. 4.9 SETBACKS: USES REQUIRING SPECIAL EXCEPTIONS A. The following uses are subject to the special setbacks prescribed, in feet, by the following table. If no figure appears for a front yard setback, the standard setback prescribed by Section 4.6(a) applies. USE FRONT SIDE REAR Bottled gas storage and distribution 300 300 300 Cemetery or crematory 50 50 Clinic 10 30 Commercial greenhouse 100 40 40 Commercial facilities for raising, and breeding non-farm fowl and animals 100 100 100 Hospital 100 40 40 Industrial park 100 75 (abutting residential use) Kindergarten or day nursery 20 15 Liquid fertilizer storage and distribution 300 300 300 Mineral extraction, borrow pit, or topsoil removal, and their storage areas 150 150 150 Mobile home park or travel trailer park 100 40 40 Outdoor theatre 100 40 40 Penal or correctional institution 100 100 100 Petroleum tank farm 300 300 300 Private recreation development 40 40 Public camp 100 40 40 Public or commercial sanitary fill, refuse, dump, or garbage disposal plant 300 300 300 Public or commercial sewage disposal plant 300 300 300 Recycling facility standard standard standard setback setback setback Riding stable 10O 100 100 Sales barn for livestock resale 300 300 300 Slaughterhouse 200 200 200 ---PAGE BREAK--- 44 USE FRONT SIDE REAR Solid waste convenience station standard standard standard setback setback setback Solid waste transfer station 300 300 300 Stadium or coliseum 50 50 Wholesale produce terminal 100 75 (abutting residential use) 35 (abutting other use) Wireless Communications Facility or Certified fall Certified fall Certified Fall Support Structure zone + 50 ft. zone +50 ft. zone +50 ft. B. Buildings associated with the following uses may be located no closer to interior roads than the distances, in feet, respectively prescribed by the following tables. USE SETBACK Country club or golf course 85 Industrial park 85 Mobile home park 50 Public camp 40 Wholesale produce terminal 85 4.10 BUFFERING: MINIMUM DISTANCES FROM RESIDENTIAL DISTRICT OR USE A. Mineral extraction area, borrow pit, or topsoil removal area (including storage area), penal or correctional institution, public or commercial sewage disposal plant, sales barn for livestock resale, truck freight terminal, or wholesale produce terminal may not be located closer to an R1, R2, or LR District than 300 feet. A junk yard may not be located closer to such a district or a state highway than 1320 feet. B. A parking area or loading berth for any of the following uses may not be located closer to a residential use than the distance, in feet, listed opposite it in the following table: Use Parking Area Loading Berth Airport or heliport 25 100 Clinic 10 Commercial facilities for raising and breeding non-farm fowl and animals 25 100 Commercial greenhouse 50 Country club or golf course 10 Hospital 25 50 Industrial park 25 100 Junk yard 1320 1320 Mineral extraction, borrow pit, or topsoil removal, and their storage areas 300 Mobile home park , or travel trailer park 25 Penal or correctional institution 300 300 ---PAGE BREAK--- 45 Police station or fire station 10 Private recreational development 25 USE PARKING AREA LOADING BERTH Public camp 25 Sales barn for livestock resale 50 100 Shopping center 25 50 Slaughterhouse 25 100 Stadium or coliseum 25 50 Truck freight terminal 100 100 Wholesale produce terminal 100 100 4.11 ENTRANCES A. This subsection limits the number of entrances to an arterial street or numbered highway. However, it does not apply to entrances for emergency use only. B. Each of the following uses, for which special exceptions are prescribed by Section 3.1, is limited to 1 entrance: Airport or heliport Artificial lake of 3 or more acres Cemetery or crematory Clinic Commercial facility for raising and breeding non-farm fowl and animals Commercial greenhouse Country club or golf course Industrial park Junk yard Kindergarten or day nursery Mineral extraction, borrow pit, topsoil removal, and their storage areas Mobile home park or travel trailer park Outdoor theatre Penal or correctional institution Private recreational development Public camp Public or commercial sanitary fill or refuse dump or garbage disposal plant Public or commercial sewage disposal plant Public or employee parking area Radio or television tower Railroad right-of-way and uses essential to railroad operation Riding stable Sales barn for livestock resale Telephone exchange or public utility substation Tourist home Truck freight terminal Wholesale produce terminal ---PAGE BREAK--- 46 C. The following use, for which a special exception is prescribed by Section 3.1, is limited to 2 entrances: Recycling facility Solid waste convenience station Solid waste transfer station Stadium or coliseum D. As used in this section, the term "entrance means a passageway from premises to thoroughfare by which vehicles enter or leave. 4.12 PARKING A. To reduce traffic problems and hazards by eliminating unnecessary on-street parking, every use of land must include on-premises parking sufficient for the needs normally generated by the use, as provided by this section. Parking spaces or bays contiguous to the street, required by subdivision or other ordinances, are in addition to and not in place of the spaces so required. B. As used in this section, the term: parking space - means an area, not including any part of a street or an alley, designed or used for the temporary parking of a motor vehicle; parking area - means a group of parking spaces, or an open area not including any part of a street or an alley, designed or used for the temporary parking of motor vehicles. C. Parking spaces shall be provided as follows: Use Required Parking Spaces Airport or heliport 1 per 2 employees plus 1 per 4 public seats Artificial lake of 3 acres or more 1 per 2 users Automobile or trailer sales area 1 per 1,000 sq. ft. used for retailing Automobile sales and repair (indoor) 1 per 200 sq. ft. floor area Banks, business offices, professional offices, similar business uses, postal stations, telegraph offices, and similar service uses 1 per 500 sq. ft. floor area Boarding or lodging house or fraternity, sorority, or student cooperative house 1 per 3 occupants Bowling alley 3 per lane, plus 1 per 6 spectator seats Business uses in AB Districts As determined by the Board to be in line with (see Section 3.1) comparable uses. Business uses not otherwise listed As determined by the Board ---PAGE BREAK--- 47 Cemetery or crematory 1 per 2 employees, plus 1 per 4 public seats Church or temple 1 per 4 seats in main auditorium USE Required Parking Spaces Clinic 1 per 2 employees, plus 3 per doctor or dentist College, university, or trade or business school 1 per 3 students or staff members Country club or golf course 1 per 2 employees, plus 3 per golf hole Dancing academy 1 per 200 sq. ft. of floor area Department store, retail showrooms, 1 per 125 sq. ft. of sales floor area apparel shop, flower shop, drugstore, hardware store, stationer, news-dealer, record shop, photo studio, barber shop, beauty shop, reducing salon, restaurant, delicatessen, bakery, grocery, meat market, supermarket, cold-storage locker service (individual), roadside sales stand, electrical appliance shop, radio-TV shop, dressmaker, millinery, tailor and pressing shop, shoe repair, dry cleaning shop, self-service laundry, laundry agency, billiard room, tavern, night club, and similar business uses Fishing or hunting lodge (seasonal) 1 Greenhouse (commercial), facilities for raising 1 per 3 employees plus 1 per 125 sq. ft. or breeding non-farm fowl or animals, of sales area (commercial), sales barn for livestock Home occupation 1 in addition to residence requirement Home professional office 2 in addition to residence requirement Hospital 1 per 4 beds, plus 1 per doctor, plus 1 per 3 employees, plus 1 per hospital vehicle Hotel 1 per 3 employees, plus 1 per 2 sleeping rooms Industrial park 1 per 2 employees on largest shift Industrial uses generally 1 per 3 employees Junk yard 1 per 2 employees Kindergarten or day nursery 1 per 2 employees, plus 1 per 5 children Mobile home park or travel trailer park 1 per 2 employees plus 1 per mobile home stand Mortuary 1 per 6 seats in main auditorium Motel 1 per sleeping room Nursing home or home for aged 1 per 7 persons Penal or correctional institution 1 per 3 employees, plus 1 per 10 inmates (capacity) Police station or fire station 1 per 3 employees on shift Private club or lodge 1 per 6 active members Private recreational development 1 per 2 customers or members ---PAGE BREAK--- 48 Public camp 1 per camp site plus 1 per cabin Public library, art gallery, museum, or municipal or governmental building 1 per 125 sq. ft. ground floor area of buildings USE Required Parking Space Public or commercial sewage disposal plant 1 per employee per shift Radio or TV tower 1 per employee per shift Railway right-of-way, railroad operational use 1 per 2 employees where headquartered Railway station or motor bus station 1 per 10 seats in waiting room, plus 1 per 2 employees of connected retail use Recycling facility 1 per employee per shift plus 3 public Residential use, including farm tenant housing and farm seasonal worker housing 1½ per dwelling unit Riding stable 1 per 5,000 sq ft. School - elementary 1 per staff member School - high 1 per 3 staff members, plus 1 per 6 auditorium seats Solid waste convenience station 1 per employee per shift plus 3 public Solid waste transfer station 1 per employee per shift plus 3 public Stadium or coliseum 3 per 4 employees plus 1 per 4 seats Telephone exchange or public utility substation 1 per employee Theatre (indoor) 1 per 6 seats Theatre (outdoor) 1 per 2 employees Tourist home 1 per employee, plus 1 per sleeping accommodation Truck freight terminal 1 per 2 employees plus 4 for customers Veterinary hospital for small animals or kennel 1 per 3 animal spaces (cages or pens) Wholesale produce terminal 1 per 2 employees D. Each of the parking spaces required by this section must be at least 9 feet wide and 20 feet long, exclusive of passageways. E. The parking spaces prescribed by this section for a business or an industrial use must be located on the premises or on a site, approved by the Board, at least part of which is within 300 feet of the premises. However, parking spaces may not be located in the required front yard, except in GB and I Districts. F. Some parking areas must conform to the location requirements prescribed in Section 4.10. In addition, a parking area for a business use must, if in the open, be paved with a hard or dustproof surface. G. A group of business or industrial uses may provide a joint parking area if the number of spaces in the area at least equals the aggregate of the spaces required for the several uses. ---PAGE BREAK--- 49 H. A church or temple that requires a parking area at times when nearby uses do not need their parking facilities may, by agreement approved by the Board, use those facilities instead of providing its own. I. Parking requirements may be waived by the Board for uses in a block in which 50 per cent or more of the area is occupied, at the time this ordinance is passed, by business or industrial structures. 4.13 LOADING A. Business uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided with loading berths (which, if open, shall be paved with a hard or dustproof surface), as shown in the following table: Use Gross floor area Berths Retail stores, department stores, 3,000 or more but not wholesale establishments more than 15,000; 1 Storage uses, and other business uses each 25,000, or fraction thereof, more than 15,000; 1 additional Office buildings 10,000 or les; 1 More than 10,000, but not more than 336,000; 2 Each 200,000 or fraction thereof, more than 335,000; 1 additional B. Each of the following uses for which special exceptions are provided by Section 3.1, and shopping centers shall be provided with loading berths as shown in the following table. Loading berths must not face on the bordering highway and must be at least as far from the nearest residential use as the number of feet shown. Use Berths Distance from Nearest Residential Use (feet) Commercial facilities for raising and breeding non-farm fowl and animals 1 100 Commercial greenhouse (15,000 sq. ft. or less) 1 50 Commercial greenhouse (over 15,000 sq. ft.) 2 50 Hospital (200 beds or less) 1 50 Hospital (more than 200 beds but not more than 500 beds) 2 50 Hospital (more than 500 beds) 3 50 Industrial park Same as subsection 100 Junk yard 2 300 Recycling facility 1 100 Riding stable 1 - ---PAGE BREAK--- 50 Solid waste convenience station 1 100 Solid waste transfer station 2 300 Stadium or coliseum 2 50 Wholesale produce terminal Per development plan 100 For the following uses, loading berths, if any, must be at least as far from the nearest residential use as the number of feet respectively shown by the following table: Use Distance from Nearest Residential Use (feet) Airport or heliport 100 Mineral extraction, borrow pit, topsoil removal, and their storage areas 300 Outdoor commercial recreational enterprise 50 Penal or correctional institution 300 Sales barn for livestock resale 100 Truck freight terminal 100 C. Industrial uses shall be provided with loading berths, as shown in the following table: Gross Floor Area of Industrial Use (Sq. Ft.) Berths 15,000 or less 1 More than 15,000 but not more than 40,000 2 More than 40,000 but not more than 100,000 3 Each 40,000 or fraction thereof, more than 100,000 1 additional D. Each loading berth prescribed by this section must provide at least a 12-foot by 45-foot loading space, with a 14-foot height clearance. F. As used in this section, the term "loading berth" means an off-street, off alley area designed or used to load goods on, or unload goods from, vehicles. 4.14 MISCELLANEOUS RESIDENTIAL RESTRICTIONS In an R1, R2 or LR District: 1. An accessory building may not be erected before the principal building, except on a farm, and; 2. In the case of a through lot, the area at each end of the lot between the setback line and the middle of the street shall be treated as if it were part of the front yard. 4.15 MISCELLANEOUS SIGN PROVISIONS Basic Prohibitions There shall be no animated, electronic ,internally lit, edge lighted, neon or other gas-filled, ---PAGE BREAK--- 51 revolving or rotating, strings of light, beams, beacons or flashing signs, except as expressly allowed in this section. Purpose and Intent The purpose and intent of this section is to promote public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content and viewpoint-neutral, and nondiscretionary sign standards and requirements, including the following purposes and objectives: 1. providing guidelines for the placing, number, size and general characteristics of all signs throughout the unincorporated areas of Brown County; 2. encouraging the effective use of signs as a means of communication within the County; 3. maintaining and enhancing the aesthetic environment and the County’s ability to continue to attract tourism and other sources of economic development and growth; 4. improving pedestrian and traffic movement and safety maintaining appropriate sight distances at intersections and reducing distractions); 5. minimizing the possible adverse effect of signs on nearby public and private property the adverse effect of obstructing natural scenic vistas); 6. enabling and promoting the fair and consistent enforcement of these sign restrictions; 7. promoting the general purposes set forth in the Zoning Ordinance and the land use planning goals set forth in the Comprehensive Plan; 8. establishing an efficient permit system to expeditiously approve the location and design of signs, subject to the standards and permit procedures of this section; 9. allowing certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this ordinance, but without a requirement for permits; 10. prohibiting all signs not expressly permitted by this ordinance; 11. restricting the continued existence of abandoned or nonconforming signs unless in compliance with the terms of this article and to eliminate, over time, all nonconforming signs; 12. encouraging signs that are well-designed and compatible with their surroundings and with the buildings to which they are appurtenant, and encourage signs that are integrated with and harmonious to the buildings and sites they occupy; and, 13. recognizing that the size of signs that provide adequate identification in residential and in pedestrian oriented business areas differ from those that are ---PAGE BREAK--- 52 necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater, and required setbacks are greater than in residential and pedestrian area. Applicability and Message Substitution A sign may be erected, placed, established, painted, created, or maintained in the unincorporated areas of Brown County only in conformance with the standards, procedures, exemptions, and other requirements of this section and with other Brown County ordinances and resolutions. A noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message, subject to the same regulations that apply to such signs. Substitution of message may be made without any additional approval or permitting. Severability The provisions of this ordinance are separable. If any part or provision of this ordinance or the application thereof to any persons or circumstances is adjudged invalid by a court of competent jurisdiction on procedural or any other grounds, the judgment shall be confined in its operation to the part, provision, procedure or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this ordinance or the application thereof to other persons or circumstances. The Board of Commissioners of the County of Brown, Indiana, hereby declares that it would have enacted the remainder of this ordinance even without any such part, provision, procedure or application. I. Definitions: A. Sign means any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct or attract attention to an object, idea, opinion, position, proposition or plan of action, person, institution, organization, business, product, service, event, or location by any means, including, without limitation, words, letters, figures, design, symbols, fixtures, colors, illumination, projected images, or movement. B. Animated sign means any sign that uses movement or change of artificial and natural lighting or noise to depict action or create a special effect or scene. This includes any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. Different from an electronic sign, an animated sign produces the illusion of movement by means of electronic, electrical , or electromechanical input and/or illumination capable of simulating movement through using the characteristics of one or both of the following classifications: 1) flashing, animated, or animated portions of a sign where the cyclical period between on-off phases of illumination is less than four seconds; 2) patterned illusionary movement in which animated signs or portions of signs whose illumination is characterized by simulated movement. C. Lot means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership. ---PAGE BREAK--- 53 D. Electronic sign means any sign or portion of a sign that uses changing lights or form a sign message or messages in text or picture form, wherein the sequences of messages and the rate of change is electronically programmed and can be modified by electronic processes. E. Vehicle sign means a sign that is affixed to a motor vehicle or trailer. F. County Road means those roads within Brown County, Indiana, that have been accepted into the State of Indiana Department of Transportation criteria for assigning credit such that Brown County, Indiana, does, in fact, receive credit or State payments for those roads. II. Permitted Signs Signs are allowed in all districts, but only if they comply with all relevant provisions of the Brown County Zoning Ordinance(e.g., sign area, height, performance standards, etc.). III. Sign Area, Sign Height, and Setback Regulations A. In FP, FR, R1, R2 and LR districts, the maximum total sign area per lot is twenty- four (24) square feet and the maximum total sign area of any sign located on the lot is twelve (12) square feet. B. In GB, AB and I districts, the maximum total sign area per lot is one hundred forty-four (144) square feet, and the maximum total sign area of any sign located on the lot is one hundred (100) square feet. C In FP, FR, R1, R2 and LR districts, the maximum sign height is eight feet. D. In GB, AB and I districts, the maximum sign height is twenty (20’) feet. E. In all districts, signs shall be set back, from road and highway right-of-way and from lot boundary lines, a distance that is equal to the height of the sign. F. In all districts, signs may not be placed within the sight triangle (see section D -2 of this Chapter). IV. Computation of Sign Area and Height The following principals shall control the computation of sign area and sign height: A. The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall (when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself). ---PAGE BREAK--- 54 B. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than twenty-four (24) inches apart, the sign area shall be computed by the measurement of the larger of the faces. C. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be constructed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined or on a steeply sloping terrain, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower. V. Performance Standards All signs shall conform to the following regulations: A. Illumination 1. The source of light for any sign may not be directed into any residential area or toward any oncoming traffic. The source of illumination by whatever means shall not reflect directly on residential property. 2. In no instance shall any illuminated sign be located closer than twenty-five (25’) feet to any residence. B. Maintenance All signs must be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. C. Placement No sign shall be placed so as to pose a traffic hazard, and the county highway superintendent shall be vested with authority to rescind any sign permit under this section if he deems that sign placement would cause a traffic hazard, subject only to review by the County Commissioners, if requested within thirty days of written notice of any such decision. VI. Permits ---PAGE BREAK--- 55 A. Unless exempted below, no sign may be erected until the Executive Director of the Brown County Area Plan Commission has issued a permit therefore. (See Chapter 8 for appropriate permit fee). B. Prior to the issuance of a sign permit the Director shall be furnished written proof of permission from the landowner upon whose land the sign is to be located, on a form prescribed by the Commission, and a scale drawing of the proposed sign or the sign itself. Sign applications that are complete and that propose signs which comply with the provisions of this Chapter, shall be approved by the Director within seven business days of receipt. Sign applications that are incomplete or that do not propose signs which comply with the provision of this Chapter, shall be denied by the Director within seven business days of receipt. C. Following the erection of a sign, the Zoning Inspector shall inspect the same, and issue a certificate of compliance in the event the sign complies with that for which the permit was issued. In the event that it does not, the Inspector shall notify the permitee in writing of the lack of compliance and reason therefore. Failure by the permitee to correct any non-compliance within ten (10) days from the date of written notice shall result in revocation of the sign permit, as well as other remedies under this ordinance. Notice sent to the address on the sign permit application shall be deemed sufficient. D. Signs that have a total sign area of four square feet or less are exempt from the permit requirement. VII. Signs in the Public Right-of-Way No signs shall be allowed in the public right-of-way, except: A. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic; B. Bus stop signs erected by a public transit company; C Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and, D. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way shall be allowed in the public right-of-way. Any sign installed or placed in the public right-of-way (state or county), except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation by the Plan Commission staff. In the event of confiscation, the Plan Commission staff shall: store the sign in a County building; make a reasonable attempt to notify the owner of the sign of the confiscation: provide owner with ten (10) days to recover the sign after notification. After such ten day period, the Plan Commission staff may dispose of the sign. In addition to other ---PAGE BREAK--- 56 remedies, hereunder, the Commission shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. VIII. Signs Exempt from Regulation under this Chapter The following signs shall be exempt from regulation under this chapter: A. Any government notice or warning required or authorized by a valid and applicable federal, state, or local law, regulation, or ordinance shall be exempt from regulation under this chapter. B. Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located shall be exempt from regulation under this chapter. C. Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meets Department of Transportation standards, which contain no commercial message of any sort, and which do not exceed three square feet in area, or which are flush with the roadway pavement, are exempt from regulation under this chapter. D. Signs incorporated on vending machines (including fuel pump housings) shall be exempt from regulation under this chapter, except that the signs must comply with the performance standards of Part VIII above. E. Neon or gas-filled signs that are two square feet or less in sign area per lot. Section 2. The terms and provisions of this ordinance are separable. If any part or provision of this ordinance or the application thereof to any persons or circumstances is adjudged invalid by a court of competent jurisdiction on procedural grounds, or on any other grounds, such judgment shall be confined in its operation to the part, provision, procedure or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this ordinance or the applications thereof to other persons or circumstances. The Board of Commissioners hereby declares that it would have enacted the remainder of this ordinance even without any such part, provision, procedure or application. Section 3. This ordinance shall take effect upon adoption. 4.16 WATER POLLUTION No authorization of a use under this ordinance includes the authority to discharge liquid or solid wastes into public waters except as permitted under the Stream Pollution Control Law (Acts 1943, Chapter 214, as amended). Plans and specifications for proposed sewage and other waste treatment and disposal facilities must be approved by the Stream Pollution Control Board and the State Board of Health. 4.17 INDUSTRIAL RESTRICTIONS ---PAGE BREAK--- 57 Light industrial and general industrial uses as defined shall conform to the following performance standards: A. Smoke - Any use located within 300 feet of a residence or residence zone district shall be prohibited from using solid fuels for heat or energy. B. Particulate matter 1. Any use producing emission of dust, fly ash, sparks, dirt or similar matter, which can cause any damage to health, vegetation or property, or in such quantities as to constitute a nuisance, shall be prohibited. 2. Sources of particulate matter borne by the wind including, but not limited to, storage, refuse, service roads and yard areas, shall be maintained or improved so as not to create a hazard or nuisance. C. Odor - Any use producing emission of odorous, noxious, or toxic matter, in such quantity as to be pernicious or offensive and readily detectable at any point along or beyond the property lines of the use area shall be prohibited. D. Heat or glare 1. Any use producing excessive heat or glare including, but not limited to combustion and welding, must be performed so as not to be perceptible beyond the property lines of the use area. 2. Outdoor lighting, including but not limited to the illumination of parking lots, signs and storage areas shall be installed and maintain so as to direct light away from adjoining property. E. Vibration - Any use that creates intense earth-shaking vibrations, excluding vehicular or other means of transportation, which are discernible to the human sense of feel at or beyond the property lines of the use area, shall be prohibited. F. Noise - Any use producing noise levels above those produced by a motor vehicle entering or leaving the use area shall be prohibited. G. Fire Hazards 1. Any use located within 300 feet of any other zoning district or within 500 feet of any place of institutional or public assembly, which includes, but is not limited to schools, hospitals, churches and athletic fields; necessitating storage (over 85 gallon) above ground or the manufacturing of fluids that produce flammable or explosive vapors or gases under ordinary weather conditions shall be prohibited. 2. Any use located less than 300 feet from a residence district or less than 40 feet from any property line, that manufactures or uses, during the process of manufacturing materials, classified or corrosive liquids, oxidizing materials, radioactive materials, flammable solids, potentially explosive chemicals, or highly toxic materials or poisonous gases as defined in Article 18, Section 1802, of the Fire Prevention Code, 1956 edition, as recommended by the National Board of Fire Underwriters, shall be prohibited. ---PAGE BREAK--- 58 3. Any use that stores, or manufactures materials classified as combustible, readily ignitable, free burning, or flammable as defined in the Fire Prevention Code, 1956 edition, must be performed or maintained within an enclosed building constructed of incombustible materials. 4. Any use that stores or manufactures any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion including, but not limited to dynamite, black blasting powder, pellet powder, initiating explosives, or igniters, must conform to Table 11.06 of Article II, entitled, "American Table of Distances for Storage of Explosives", in the Fire Prevention Code, 1956 edition, as recommended by the National Board of Fire Underwriters. 4.18 FLOOD PLAIN (FP), FLOODWAY (FW) OR FLOODWAY FRINGE (FF) REQUIREMENTS A. In a Floodway Fringe (FF) or Flood Plain (FP) : 1. All residential buildings or additions to existing residential buildings shall have flood protection grades at least two feet above the regulatory flood profile. Commercial buildings may be flood proofed to an elevation of two feet above the regulatory flood if the plans and specifications are properly certified by a Registered Professional Engineer or Architect and conform to the definition of flood proofed as set forth in this ordinance. 2. All mobile homes must have pads (either concrete or stands of compacted fill) at or above the elevation of the regulatory flood. Further, all mobile homes shall be provided with ground anchors meeting Mobile Home Tie Downs, Schedule A. 3. On site waste disposal systems must be located so as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. 4. All structures shall be built so as to minimize obstruction to the flow of floodwaters. B. In a Floodway (FW) District: 1. No residential buildings shall be permitted. 2. Flood proofing of non-residential structures is permitted but must conform to the definition of a flood proofed building as set forth in this ordinance and must be a certified by a registered Professional Engineer or registered Architect licensed to practice in Indiana. 3. Any structure permitted in a floodway shall be constructed on the site so as to minimize obstruction to the flow of floodwater. ---PAGE BREAK--- 59 CHAPTER 5 - SPECIAL PROVISIONS 5.1 FLEA MARKETS A. Definitions CAMPING - means, for purposes of this section only, staying overnight anywhere other than in a permanent dwelling. FLEA MARKET - means flea market, swap shop or meet, or similar activity, by whatever name, or those uses which involve the setting up of two or more booths, tables, platforms, racks or similar display areas for the purpose of selling or buying merchandise, goods, materials, products, or other items offered for sale outside a fully enclosed building. A "flea market" as defined herein shall not be intended to include a garage sale or bake sale, which occurs no more often than every 2 months for a period of not more than 7 days, fruit or produce stands, booths in a fully enclosed building or art festivals or any similar activity or sales done by local civic groups or by local non-profit organizations. FLEA MARKET VENDOR - means any individual, family, corporation, partnership, firm, organization, or any other group that acts as a unit, which rents, buys, or occupies display area space in a flea market for the purpose of selling merchandise, goods, materials, products, or other items. B. Sanitation, Appearance, Hours of Operation, and Noises 1. At no time shall there be empty tables or booths on the flea market site. 2. Flea markets may only be operated from 9:00 a.m. until 9:00 p.m. 3. Each flea market shall maintain functional restroom facilities as required by the Brown County Board of Health. 4. The flea market site shall be kept clean of all debris, litter and trash. 5. Noise must be limited to such a level as not to disturb neighbors. 6. There shall be no camping allowed on the flea market site. 7. Within fifteen (15) days of the expiration date of the permit, the flea market site must be cleared, and all temporary structures removed. 8. There shall be no camping (“overnight stay”) allowed on the flea market site, except for occasional overnight stays by vendors when their goods are present on the site. ---PAGE BREAK--- 60 a. Vendors may stay overnight on Friday and Saturday nights and also on Sunday night during an official three day weekend. b. Vendors shall stay in self contained RV’s if dump stations, water and electrical hookups are not available. A self contained RV is one that provides its own electricity, water and sanitary facilities. c. Approval for overnight stays must be granted to the flea market through a Special Exception from the Board of Zoning Appeals. C. Parking Requirements 1. For each one hundred (100) square feet of sales space there shall be three parking spaces either on site or adjacent to the flea market. 2. Each parking space must be no less than ten (10) feet wide by twenty (20) feet long. 3. There shall be no parking along the highway shoulder or right-of-way. 4. The owner/operator of the flea market shall see to it that the parking requirements as set forth above are adhered to, and that appropriate signs and markings are established and maintained in such a manner as to notify those persons attending the flea market of these requirements. D. Licensing Permits for Vendors 1. It shall be the responsibility of the owner/operator of the flea market to determine that each vendor have and display all necessary licensing permit to conduct retail sales of this nature, and to wholly refrain from granting sales space to any vendor unable to produce said permit(s). E. Setback Requirements 1. The minimum distance between the front of the flea market operation and the centerline of a State Highway is one hundred ten (110) feet. County Road is ninety 90) feet. 2. The minimum distance between the back of the flea market operation and the back lot line is forty (40) feet. 3. The minimum distance between each side of the flea market operation and the side lot line is forty (40) feet. F. Permits 1. No person shall operate a flea market without having first obtained from the Area Planning Director a Permit authorizing him to do so. Any Permit so issued shall be valid only for the calendar year in which it was issued, and allows the holder thereof to operate a flea market only from March 1 to November 30 of that particular year. ---PAGE BREAK--- 61 2. There is no fee to obtain a Permit, from the Area Planning Commission. 3. Prior to the issuance of a permit, the person applying therefore must furnish the Area Planning Director the following: a. A commitment statement indicating proposed hours of operation and lighting to be used. b. A detailed plot plan drawn to scale of not less than 1" = 50' showing: Location and dimensions of perimeter of property lines (length, width, and acres. Location and names of public roads adjacent to the property. Location and dimension of building(s) to be housing the flea market. Dimensions of parking area identifying parking spaces 10' x 20', width of driving lanes (25') in parking lot, and flow of traffic. Distance of setback from center of road and from side and rear property lines for sales area, parking lot, and any existing or proposed structures. Location of driveway. c. Septic permit from County Sanitarian or State Board of Health. d. Driveway Permit from State Highway Commission or County Highway Garage body, whichever has jurisdiction of the road. 4. Permits so issued shall not be sold, assigned, transferred, or in any manner conveyed. G. Violations 1. Revocation of Permit a. Failure to comply with any of the requirements set forth in paragraphs B through and including H above shall result in the revocation of the violator's Permit, in accordance with the following procedures: Upon receipt of a verified report of a violation of this section, the Area Planning Director shall notify the Permit holder thereof, and allow him 30 days in which to correct said violation. In the event the person accused of the violation neither corrects said violation or convinces the Director of his compliance without need of correction, the matter of the violation shall be placed before the (Area Plan Commission / Board of Zoning Appeals) at the next regularly scheduled meeting, and the accused violator shall be notified of the date, time, and place of said meeting by certified or registered mail. ---PAGE BREAK--- 62 At the hearing before the (Commission/Board), the accused violator shall be given an opportunity to present his position and to question those who are alleging the violation. A decision shall then be made upon vote of those members present, and a vote of a majority of the Commission/Board) membership shall be necessary before a permit may be revoked. Any adverse decision may be appealed by writ of Certiorari to the Brown Circuit Court for review. b. Permit which has been revoked may not be reissued for a period of two years thereafter. c. In the event of a revocation of a Permit, the fee previously paid therefore shall be deemed to be forfeited. 2. Penalty Any person failing to comply with any of the requirements set forth in paragraphs B through and including F above shall be subject to a fine of ten thousand dollars ($10,000) per day. a. Separate violations - Each day a violation occurs shall be deemed a separate violation. b. Enforcing officer -The Area Planning Director, her deputy, or duly appointed agent are hereby authorized to enforce the provisions of this ordinance. 3. Legal Action Action on the violation of any of the aforementioned requirements of this section and the right of injunction shall be as provided in Section 141 et sequ of Public Law 178, Acts of 1979 of the Indiana General Assembly. 5.2 HOME OCCUPATIONS A. Definition Home Occupation means an accessory use of a dwelling unit for a business, profession, trade or vocation conducted within an enclosed dwelling, which is clearly incidental and secondary to residential occupancy and does not change the residential character thereof. B. Use Limitation In addition to the use limitations applicable in the zoning district in which located, all home occupations shall be subject to the following use limitations: 1. A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. 2. Except for articles produced on the premises, no stock in trade shall be displayed or sold on the premises. ---PAGE BREAK--- 63 3. No alteration to the exterior of the principal residential building shall be made which changes the character thereof as a dwelling. 4. No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted. 5. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure of the fire district in which the structure is located. 6. No use shall create noise, dust, vibration, smell, and smoke glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists. C. Zoning Districts Where Allowed Home Occupations may be conducted in any residential zoning district subject to these regulations. D. Permit Required Home Occupations where the public is invited to view and or purchase goods or services require a Home Occupation permit with an annual renewal as the use continues. E. Uses Permitted Only with Special Exception The following uses are permitted and may be carried on as home occupations only after the practitioner has applied for and been granted a Special Exception as provided for in Chapter 3, Section 3.3 of the Brown County Zoning Ordinance, and applied for and received an annually renewable permit from the Area Planning Director: 1. Beauty shop or beauty parlor, owner operated. 2. Auto repair, minor or major, or the painting of vehicles, trailers, or boats provided that no more than four licensed vehicles other than the owner's own vehicles and no unlicensed vehicles are stored on the property. 3. Instruction to two or more students at a time. 4. Photo developing or studios. 5. Antique shops. 6. Private schools with organized classes. 7. Any home occupation to be conducted in a two-family or multi-family dwelling. ---PAGE BREAK--- 64 8. Indoor small-scale manufacturing e.g. furniture making, screen printing, 3D printing without limitation to include such examples as above. No special exception shall be granted under this subsection unless the Board of Zoning Appeals finds that, in addition to the requisite findings set forth in Chapter 3, Section 3.3, the proposed use is in full compliance with the terms of this section that the proposed use will not alter the nature of the neighborhood in which it is to be located, and that the proposed use will not expand or enlarge to the point where it will exceed the limits permitted for home occupations. F. Procedures 1. Powers and Duties of Plan Director It shall be the duty of the Area Planning Director (hereinafter referred to as "Director") to investigate complaints that a home occupation is being carried on within the area of jurisdiction (i.e. Brown County, Indiana) in violation of the terms of this ordinance. 2. Time Limitations a. Any permit issued shall be valid for one year only from the date of issuance. b. The holder of the permit may seek renewal of same annually, by making written request therefore, and certifying in that request that the use has not expanded beyond that for which the permit was initially granted. Said request shall be made no later than thirty (30) days prior to expiration and shall be accompanied by a renewal fee of $15.00. (See Chapter 8:3 for revised filing fees) c. The request for renewal shall be reviewed and an inspection of the property made by the Director and/or authorized personnel to verify continued compliance with the necessary criteria and conditions established with the initial approval. If, in the judgment of the Director, the applicant has not complied with said criteria and conditions, the applicant shall be so informed and the Director shall take appropriate corrective measures, all as set forth in Subsection F.1. above. 3. Appeals a. In the event an applicant for a Home Occupation permit whose application is denied by the Director desires to appeal the Director's decision, said appeal may be initiated by filing a Notice of Appeal with the Area Planning Office, on a form to be provided by that office, no later than ten (10) days from the date that the applicant is informed of the Director's decision. b. Upon receipt by the Director of a Notice of Appeal, the matter complained of shall be placed on the agenda of the Board of Zoning Appeals as soon as time allows. c. Notice of appeal shall be published in a newspaper of general circulation published in the county no later than ten (10) days prior to the date of the meeting at which the appeal is to be considered. ---PAGE BREAK--- 65 CHAPTER 6 - IMPROVEMENT LOCATION PERMITS 6.1 APPLICABILITY A. An Improvement Location Permit shall be obtained prior to: 1. implementing a special exception granted under Section 3.4; 2. constructing, reconstructing, locating, moving, enlarging, demolishing and structure that requires a building permit for construction, or structurally altering any building or other structure; 3. remodeling a building or structure that includes additional plumbing, wiring, or heating/cooling facilities; 4. making any significant land alterations; 5. any construction in a flood plain. B. An Improvement Location Permit shall not be required for: 1. maintenance or repair of existing structures not involving any change of use, additional lot coverage, or increase in structure size; 2. minor lot and yard improvements such as driveways, patios, fences, retaining walls, landscaping, boat docks, etc.; 3. accessory structures that contain less than 120 square feet of floor area and are not on permanent foundations. C. The Director may withhold issuing a permit pending submission of relevant local, state and federal permits. D. Improvement Location Permits shall be valid for one year from the date on which they are issued. If the change in use is not completed within one year, upon application the Permit will be extended for an additional year with no additional fee charged. If the work is not completed at the end of that period, a new Improvement Location Permit must be obtained for the project. E. If the application for an Improvement Location Permit is not approved or denied within 30 calendar days, the application shall be deemed denied. Any appeal of the decision shall be subject to the Rules of Procedure for the Board of Zoning Appeals. When filing the appeal, the applicant shall not bear the cost of filing fees or of the required legal notification. ---PAGE BREAK--- 66 6.2 CERTIFICATE OF OCCUPANCY A. After the Improvement Location Permit has been issued, the land or structure that is the subject of the permit cannot be used for that purpose until the change has been completed and a Certificate of Occupancy is issued. B. Within 10 calendar days of being notified by the applicant that the change has been made, the Director or authorized representative shall inspect the premises and determine if the change conforms to the ordinance and the conditions of the Improvement Location Permit. If the change is in conformance, the Director or representative shall issue a Certificate of Occupancy. 6.3 PLANS A. A person who applies for an Improvement Location Permit under Section 6.1 must furnish the Planning Office with plans showing: 1. the location of land concerned; the location and size of all existing buildings, structures, ponds, and septic systems on the site; the location of the proposed use; the location and size of all entrances to and exits from the site; and all adjacent streets and highways. If critical to the proposed use, the Director may also request the locations of any easements, power lines, gas lines or other information determined to be necessary; 2. front and side elevations of any proposed structure. B. Plans furnished shall be kept by the Plan Commission as permanent records. C. A site plan review will be required for an airport, a heliport, a hospital, an industrial park, a mobile home park or travel trailer park, a penal or correctional institution, a private recreational development, a public utility substation or exchange, PUD, a shopping center, a wireless communication facility and/or support structure, and a commercial or industrial development. D. As a condition of issuing a permit, that applicant may be required to relocate a structure or an entrance or exit, or include an entrance or exit not shown on the plan, if the requirement is necessary in the interests of the public welfare or to an appropriate balancing of the interests of persons in the district and vicinity concerned. E. The Plan Director shall review all applications for compliance with the floodplain management regulations of Chapter 10 of Brown County Zoning Ordinance. 6.4 COORDINATION WITH OTHER AGENCIES AND BOARDS A. No Improvement Location Permit shall be issued prior to the Plan Director’s review of all permits required from any federal, state or local agency. B. Selected examples of agencies from which permits may be required include the Indiana Department of Fire and Building Services for buildings that require its approval (must furnish copy of plans stamped approved by the Department of Fire and Building Services); Brown County Health Department or State Board of Health for sewage disposal systems; Department of Natural Resources for any construction in a floodway; County Highway ---PAGE BREAK--- 67 Department of Indiana Department of Transportation for driveways onto public roads. This is not meant to be a complete listing. C. Prior to the issuance of an Improvement Location Permit, the applicant must first obtain a driveway permit from the County Highway Department or, where applicable, the Indiana Department of Transportation. D. A driveway permit onto a county road shall be subject to the requirements of the current county ordinance that sets standards for private driveways. E. An Improvement Location Permit for a special exception may not be issued until the Board of Zoning Appeals approves the special exception. 6.5 RECORDS The Plan Office shall keep a record of each Improvement Location Permit and each certificate of occupancy issued. 6.8 FILING FEES See Chapter 8 ---PAGE BREAK--- 68 CHAPTER 7 - ADMINISTRATION, ENFORCEMENT, AND APPEALS 7.1 BOARD OF ZONING APPEALS: ESTABLISHMENT AND ORGANIZATION A. A Board of Zoning Appeals is established, with membership as provided by State law. B. At the first meeting in each calendar year, the Board shall elect from among its members a Chairman and a Vice-Chairman. Consistently with State law, it may appoint and fix the compensation of a secretary and such employees as it considers necessary to discharging its duties. C. The Board shall prescribe such regulations as it considers necessary to carry out this ordinance. D. Meetings of the board shall be open to the public. E. The Board shall keep minutes of its meetings, keep records of all examinations and other official actions, make all findings in writing, and record the vote of each member on each question. Minutes and records shall be filed in the office of the Board and made available to the public. 7.2 BOARD OF ZONING APPEALS: HEARINGS Upon application for a special exception or variance, and upon appeal from a decision of the Planning Coordinator, the Board shall hold a public hearing. Public notice setting forth the time and place shall be given at least 10 days before the date of the hearing in a newspaper of general circulation published in the County. Interested parties shall be notified as provided by the Board. The cost of such notices shall be borne by the person applying or appealing. For filing fees see Chapter 8, Section 8.2. 7.3 COUNTY PLANNING COORDINATOR The Office of County Planning Coordinator is established. The County Planning Coordinator has the principal responsibility for enforcing this ordinance. 7.4 VIOLATIONS, PENALTIES AND ENFORCEMENT A. The erection, demolition, conversion, construction, enlargement, moving or maintenance of any structure, or the use of any land, structure or premises, which is contrary to any of the provisions of this ordinance, is hereby declared to be a common nuisance and an unlawful violation of this ordinance. B. The erection, demolition, conversion, construction, enlargement, moving or maintenance of any structure, or the use of any land, structure, or premises, which is contrary to any requirement, condition or commitment imposed or made by the Board, Commission, Administrator or applicant under the provisions of this ordinance, is hereby declared to be a common nuisance and an unlawful violation of this ordinance. C. Any person, whether as principal agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise who, either individually or in concert with another, acts ---PAGE BREAK--- 69 contrary to any provision of this ordinance or a condition or commitment made thereunder, shall be liable for maintaining a common nuisance and shall be in violation of this ordinance. D. The County Attorney or the Plan Commission Attorney shall immediately upon any such violation having been called to his/her attention by the Plan Coordinator, institute injunction, abatement or any other appropriate action in his discretion to prevent, enjoin, abate or remove such violation. E. Any person who violates this ordinance shall be subject to a civil penalty of not more than ten thousand dollars ($10,000) for each such violation. Each day that any violation is committed or permitted to continue constitutes a separate ordinance violation. F. Upon a reasonable belief that a person is violating a provision of this ordinance or a condition, requirement or commitment imposed or made thereunder, the Plan Coordinator may seek, with the assistance of the County Attorney or the Plan Commission Attorney, the following civil remedies: 1. a civil penalty for ordinance violation; 2. a temporary restraining order, preliminary injunction or permanent injunction to restrain a person from violating the ordinance or a condition, requirement or commitment imposed or made thereunder; and, 3. a mandatory injunction directing a person to perform a condition, requirement or condition imposed or made under the ordinance or to remove a structure erected in violation of the ordinance. The foregoing remedies may be sought by any property owner specially damaged by any such violation of the ordinance. G. In the event the Plan Coordinator finds that a violation of the terms and provisions of an approval, certificate or permit granted pursuant to these regulations has occurred, the Plan Coordinator may use the following administrative remedies: 1. suspend and withhold other approvals, certificates and/or permits relevant to the development or use of the site on which the violation has occurred if a structure which is subject to a Commission-approved development plan is occupied prior to the issuance of a land use certificate therefore, and such land use certificate cannot be issued because all improvements serving such structure (as shown on the approved development plan, including sewage disposal systems) have not been properly installed or have not become operational, the Administrator shall not issue any additional improvement location permits for structures within the development plan until all previously approved improvements serving such structure are properly installed and operational, and such structure otherwise qualifies for the issuance of a land use certificate); and/or, 2. issue a stop work order and instruct the Building Permit Official to suspend and withhold all building code inspections relevant to the development or use of the site on which the violation has occurred if the terms and provisions of an erosion control/grading plan have been violated, the Building Permit Official shall, at the Plan Coordinator’s request, suspend and withhold all subsequent building code inspections ---PAGE BREAK--- 70 at the site of the violation, until the violation has been corrected, as determined by the Plan Commissioner)(The Building Permit Official shall comply with the Plan Coordinator’s instructions in this regard); and/or, 3. draw on an applicable letter of credit, or other financial guaranty, as necessary to affect any remedial actions required to abate the violation; and/or, 4. revoke the permits, certificates and/or approvals that have been violated. The purpose of each of the foregoing administrative remedies is to encourage compliance with the terms and provisions of the approval, certificate and/or permit without having to resort to litigation. If used, the Plan Coordinator shall apply the foregoing remedies in a measured and reasonable fashion to achieve their recognized purpose withholding or revoking only those permits that relate directly to the violation, such as improvement location permits for the structures that would be primarily served by the unfinished street). H. The remedies provided for in these regulations shall be cumulative, and not exclusive, and shall be in addition to any other remedies provided by law. 7.5 APPEALS A. A decision of the Planning Coordinator enforcing this ordinance may be appealed to the Board by any person who is adversely affected by the decision. For filing fees, see Chapter 8, Section 8.2 B. On an appeal under subsection the Board may make any decision that the Planning Coordinator might have made. C. A decision of the Board is subject to review by certiorari. 7.6 PERMIT REVOCATION A. Any permit, certificate or approval issued or granted under this ordinance may be revoked by the Plan Coordinator, in accordance with the provisions of this chapter, if the Plan Coordinator finds that the recipient of the permit, certificate or approval (“recipient”) fails to use, develop or maintain the subject property in accordance with the plans submitted, the requirements and standards of this ordinance, any additional requirements or conditions imposed by the County, Board, Commission or Plan Coordinator, or any commitments or self-imposed conditions made by the recipient. B. No person may continue to improve or make use of the subject property in the manner authorized by a permit, certificate or approval, after the permit, certificate or approval has been revoked. C. The County, Board, Commission, or Plan Coordinator may not issue any additional permits, certificates or approvals directly affecting or relative to the subject property until the basis for the revocation has been removed by the applicant or the matter otherwise resolved by the County, Board, Commission, Plan Coordinator or recipient. ---PAGE BREAK--- 71 D. If the Plan Coordinator finds that sufficient grounds exist for the revocation of a permit, certificate or approval, the Plan Coordinator shall send the recipient a ten (10) day written notice of intent to revoke by certified mail, return receipt requested, shall inform the recipient of the specific basis found to justify revocation, and shall specify the actions necessary to avoid revocation. The ten (10) day notice period commences on the date the notice is delivered or on the date the notice is returned to the Plan Coordinator, marked refused or undelivered. Upon request, within five days, the Plan Coordinator shall review the basis of the intended revocation with the recipient. The recipient shall implement the actions specified by the Plan Coordinator within ten (10) days of the date of notice or within such other reasonable time as may be determined by the Plan Coordinator. If the Plan Coordinator revokes a permit, certificate or approval, the Plan Coordinator shall send the recipient with a written notice of revocation which specifies the specific basis of the revocation and which informs the recipient of his right to appeal the Plan Coordinator’s action. E. The revocation of any permit, certificate or approval may be appealed to the Board by any person claiming to be adversely affected by the revocation. Every appeal shall be filed within fourteen (14) days from the date of the order, requirement, decision or determination. Notice of hearing on the appeal shall be given ten (10) days prior to the Board’s hearing date and may be made a part of the Notice of Hearing by the Plan Coordinator. The Board’s hearing on the Plan Coordinator’s action shall be de novo, in the same manner as the though the application was originally filed with the Board. The decision of the Board with respect to revocation shall be the final administrative decision on the subject. Any further appeal would be to the courts through writ of certiorari. ---PAGE BREAK--- 72 CHAPTER 8 - FILING FEES 8.1. THE BROWN COUNTY AREA PLAN COMMISION SHALL SET APPROPRIATE FEES FOR THE FOLLOWING CATEGORIES A. Improvement Location Permits for 1. residences (single family, two family and multifamily), additions and residential remodeling; 2. accessory structures including agricultural structures, sheds over 120 square feet, below-ground and above-ground swimming pools. 3. electrical service up grades; 4. commercial structures. Note: If more than five inspections are required for a residential use, an additional fee as established by the Area Plan Commission will be assessed. B. Hearings for 1. variances; 2. special exceptions; 3. appeals of a decision; 4. property divisions including major subdivision, minor subdivisions, planned unit developments, vacations of plats 5. amendments of the zoning ordinance or zoning districts. C. Permits for 1. home occupations; 2. on-premise signs and off-premise signs. 8.2 Filing Fees: Non Returnable No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner. ---PAGE BREAK--- 73 8.3 Filing Fees: Approval Filing fees established by the Plan Commission shall be presented to the Board of County Commissioners for approval by a Resolution. See New Fees effective July 29, 2016 ---PAGE BREAK--- 74 BROWN COUNTY AREA PLAN COMMISSION FILING FEES As of July 29, 2016 IMPROVEMENT LOCATION PERMITS: Residences $100 + $.07 per sq ft. Duplexes $200 + $.07 per sq ft. Additions, Remodeling $50 + $.07 per sq ft. Accessory Structures $40 Swimming Pools $50 above ground $100 in ground Electric Upgrade $25 COMMERCIAL: New Structures $200 + $.07 per sq ft. Remodeling, Addition Public Buildings $100 + .07 per sq ft. Wireless Comm. Fac. (without a Special Exception) $150 Other Structure (water, radio tower, underground storage tank, etc) $150 HEARINGS: Variance $100 Special Exception $100 Appeal $100 Major Subdivision- primary $200 plus $25 per lot Major subdivision-secondary $300 Minor Subdivision $100 Planned Unit Development (Outline plan) $300 Planned Unit Development (Development plan) $200 Replat $100 Vacation of Plat $100 Amendments and Rezoning $250 Wireless Communication Facilities-Special Exception $200 MISC. FEE’S: Contractor listing (annual) $25 Contractor electrical test $35 Home Occupation permits (annual) $15 County sign permit $15 Signs for Town of Nashville $25 Directional signs inspection (annual) $15 Photocopies (per page) .10 ****Brown County Ordinance Chapter 8:2 states: No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner. ---PAGE BREAK--- 75 CHAPTER 9 – MISCELLANEOUS 9.1 SEVERABILITY If a part of this ordinance is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this ordinance is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. 9.2 EFFECTIVE DATE This ordinance takes effect upon its passage and approval by the Board of County Commissioners. ---PAGE BREAK--- 76 CHAPTER 10 – FLOODPLAIN MANAGEMENT 10.1 Statutory Authorization, Findings of Fact, Purpose, and Objectives. Statutory Authorization. The Indiana Legislature has in IC 36-7-4-601and IC 14-28-3-3 granted the power to local government units to control land use and to implement floodplain management practices within their jurisdictions. Therefore, the Board of Commissioners of the County of Brown, Indiana does hereby adopt the following floodplain management regulations. Findings of Fact. The flood hazard areas of Brown County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately flood-proofed, or otherwise unprotected from flood damages. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters. Control filling, grading, dredging, and other development which may increase erosion or flood damage. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. ---PAGE BREAK--- 77 Make federal flood insurance available for structures and their contents in the County by fulfilling the requirements of the National Flood Insurance Program. Objectives. The objectives of this ordinance are: To protect human life and health. To minimize expenditure of public money for costly flood control projects. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. To minimize prolonged business interruptions. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas. 10.2 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. A zone means portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM. The definitions are presented below: Zone A: Areas subject to inundation by the one-percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Zone AE and A1-A30: Areas subject to inundation by the one-percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. (Zone AE is on new and revised maps in place of Zones A1-A30.) Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. ---PAGE BREAK--- 78 Zone AH: Areas subject to inundation by one-percent annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Zone AR: Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Zone A99: Areas subject to inundation by the one-percent annual chance flood event, but which will ultimately be protected upon completion of an under- construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Accessory structure (appurtenant structure) means a structure with a floor area 400 square feet or less that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction. Appeal means a request for a review of the floodplain administrator’s interpretation of any provision of this ordinance. Area of shallow flooding means a designated AO or AH Zone on the community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE) means the elevation of the one-percent annual chance flood. Basement means that portion of a structure having its floor sub-grade (below ground level) on all sides. Boundary River means the part of the Ohio River that forms the boundary between Kentucky and Indiana. Boundary River Floodway means the floodway of a boundary river. ---PAGE BREAK--- 79 Building- see "Structure." Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction. Community Rating System(CRS) means a program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. D Zone means unstudied areas where flood hazards are undetermined, but flooding is possible. Flood insurance is available in participating communities but is not required by regulation in this zone. Development means any man-made change to improved or unimproved real estate including but not limited to: construction, reconstruction, or placement of a structure or any addition to a structure; installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days; installing utilities, erection of walls and fences, construction of roads, or similar projects; construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; mining, dredging, filling, grading, excavation, or drilling operations; construction and/or reconstruction of bridges or culverts; storage of materials; or 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 structures 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 structures. ---PAGE BREAK--- 80 Elevated structure means a non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers). Elevation Certificate is a certified statement that verifies a structure’s elevation information. Emergency Program means the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM. 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 community’s first floodplain ordinance. 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). FEMA means the Federal Emergency Management Agency. Flood means 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. Flood Boundary and Floodway Map (FBFM) means an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway. Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood. Flood Prone Area means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See “Flood”) Flood Protection Grade (FPG) is the elevation of the regulatory flood plus two feet at any given location in the SFHA. (see “Freeboard”) Floodplain means the channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts. ---PAGE BREAK--- 81 Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements. Floodproofing (dry floodproofing) is a method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. Floodproofing certificate is a form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect. Floodway is the channel of a river or stream and those portions of the floodplains 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. Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. Fringe is those portions of the floodplain lying outside the floodway. Hardship (as related to variances of this ordinance) means the exceptional hardship that would result from a failure to grant the requested variance. The Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. Historic structures means any structures individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. ---PAGE BREAK--- 82 Increased Cost of Compliance (ICC) means the cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, include ICC coverage. Letter of Final Determination (LFD) means a letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause. Letter of Map Change (LOMC) is a general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F). The definitions are presented below: Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective FEMA map that establishes that a property is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA. Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. Letter of Map Revision Based on Fill (LOMR-F) means an official revision by letter to an effective NFIP map. A LOMR-F provides FEMA’s determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA. Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement immediately next to the structure. Lowest floor means the lowest elevation described among the following: The top of the lowest level of the structure. The top of the basement floor. The top of the garage floor, if the garage is the lowest level of the structure. The top of the first floor of a structure elevated on pilings or pillars. The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless: the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters by providing a minimum of two openings (in addition to doorways and windows) in ---PAGE BREAK--- 83 a minimum of two exterior walls; if a structure has more than one enclosed area, each shall have openings on exterior walls; the total net area of all openings shall be at least one square inch for every one square foot of enclosed area; the bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and, such enclosed space shall be usable solely for the parking of vehicles and building access. 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." Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values. Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery. National Flood Insurance Program (NFIP) is the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry. National Geodetic Vertical Datum (NGVD) of 1929 as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. New construction means any structure for which the “start of construction” commenced after the effective date of the community’s first floodplain ordinance. 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 the community’s first floodplain ordinance. Non-boundary river floodway means the floodway of any river or stream other than a boundary river. North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain. ---PAGE BREAK--- 84 Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried One-percent annual chance flood is the flood that has a one percent chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See “Regulatory Flood”. Physical Map Revision (PMR) is an official republication of a community’s FEMA map to effect changes to base (1-percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs. Public safety and nuisance means anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle means a vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self- propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. Regular program means the phase of the community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS. Regulatory flood means the flood having a one percent chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in 10.3 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood”, “One- Percent Annual Chance Flood”, and “100-Year Flood”. Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of the market value of the structure before the damage occurred. Section 1316 is that section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas. ---PAGE BREAK--- 85 Special Flood Hazard Area (SFHA) means those lands within the jurisdiction of the County subject to inundation by the regulatory flood. The SFHAs of Brown County are generally identified as such on the Brown County, Indiana and Incorporated Areas Flood Insurance Rate Map dated December 8, 2016 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO). Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 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 to be installed on a site for more than 180 days. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred “repetitive loss” or “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. Suspension means the removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP. Variance is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. Violation means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation, other certification, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. ---PAGE BREAK--- 86 Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. X zone means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2 percent chance of being equaled or exceeded (the 500- year flood). Unshaded X zones (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2 percent. Zone means a geographical area shown on a FIRM that reflects the severity or type of flooding in the area. Zone A (see definition for A zone) Zone B, C, and X means areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and 10.3 General Provisions. Lands to Which This Ordinance Applies. This ordinance shall apply to all SFHAs and known flood prone areas within the jurisdiction of Brown County. Basis for Establishing Regulatory Flood Data. This ordinance’s protection standard is the regulatory flood. The best available regulatory flood data is listed below. The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of Brown County shall be as delineated on the one-percent annual chance flood profiles in the Flood Insurance Study of B Flood Insurance Rate Map dated December 8, 2016 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of Brown County, delineated as an "A Zone" on the Brown County, Indiana and Incorporated Areas Flood Insurance Rate Map dated December 8, 2016 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream ---PAGE BREAK--- 87 drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community’s known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA. Establishment of Floodplain Development Permit. A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities in areas of special flood hazard. Compliance. No structure shall hereafter be located, extended, converted or structurally altered within t terms of this ordinance and other applicable regulations. Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covena Discrepancy between Mapped Floodplain and Actual Ground Elevations. In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern. If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly. If the elevation (natural grade) of the site in question is above the base flood elevation and not located within the floodway, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA. Interpretation. In the interpretation and application of this ordinance all provisions shall be: ---PAGE BREAK--- 88 Considered as minimum requirements. Liberally construed in favor of the governing body. Deemed neither to limit nor repeal any other powers granted under state statutes. Warning and 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 Brown County, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this ordinance or any administrative decision made lawfully thereunder. Penalties for Violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Brown County Zoning Ordinance. A separate offense shall be deemed to occur for each day the violation continues to exist. The Floodplain Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. Nothing herein shall prevent the County from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. 10.4 Administration. Designation of Administrator. The Board of Commissioners of the County of Brown, Indiana hereby appoints the Executive Director of the Brown County Area Plan Commission to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator. Permit Procedures. Application for a Floodplain Development Permit shall be made to the Floodplain ---PAGE BREAK--- 89 Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required: Application Stage. A description of the proposed development. Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams. A legal description of the property site. A site development plan showing existing and proposed development locations and existing and proposed land grades. Elevation of the top of the planned lowest floor (including basement) NGVD. Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See 10.4(C)(6) for additional information.) Construction Stage. Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. The Floodplain Administrator shall review the lowest floor elevation survey data submitted. The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. Any work undertaken prior to submission of the elevation certification shall be at the applicant’s risk. Upon establishment of the floodproofed elevation of a floodproofed structure, it shall be the duty of the applicant to submit to the Floodplain Administrator a floodproofing certificate. Certification shall be prepared by or under the direct supervision of a registered professional engineer and certified by same. (The Floodplain Administrator shall review the floodproofing certification ---PAGE BREAK--- 90 submitted.) The applicant shall correct any deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the floodproofing certification or failure to make correction required shall be cause to issue a stop-work order for the project. Finished Construction. Upon completion of construction, an elevation certification which depicts the “as-built” lowest floor elevation is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, floodproofing certification is required to be submitted by the applicant to the Floodplain Administrator. Duties and Responsibilities of the Floodplain Administrator. The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this ordinance. The administrator is further authorized to render interpretations of this ordinance, which are consistent with its spirit and purpose. Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited to: Review all floodplain development permits to assure that the permit requirements of this ordinance have been satisfied. Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations. Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to 10.5(E) and of this ordinance, and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment). Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit. Maintain and track permit records involving additions and improvements to residences located in the floodway. Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain ---PAGE BREAK--- 91 analysis and regulatory assessments (letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for all buildings constructed subject to this ordinance. Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (10) Review certified plans and specifications for compliance. (11) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with 10.4(B). (12) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with 10.4(B). (13) Perform a minimum of three inspections to ensure that all applicable ordinance and floodplain development requirements have been satisfied. The first upon the establishment of the Flood Protection Grade reference mark at the development site; the second upon the establishment of the structure’s footprint/establishment of the lowest floor; and the final inspection upon completion and submission of the required finished construction elevation certificate. Authorized County officials shall have the right to enter and inspect properties located in the SFHA. Applicant must call the Area Plan Commission office to schedule all inspections. (14) Stop Work Orders Upon notice from the floodplain administrator, work on any building, structure or premises that is being done contrary to the provisions of this ordinance shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. (15) Revocation of Permits The floodplain administrator may revoke a permit or approval, issued under the provisions of the ordinance, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. The floodplain administrator may revoke a permit upon determination by the floodplain administrator that the construction, ---PAGE BREAK--- 92 erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this ordinance. 10.5 Provisions for Flood Hazard Reduction. General Standards. In all SFHAs and known flood prone areas the following provisions are required: New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG. New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this ordinance shall meet the requirements of “new construction” as contained in this ordinance. Specific Standards. ---PAGE BREAK--- 93 In all SFHAs, the following provisions are required: In addition to the requirements of 10.5(A), all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: Construction or placement of any structure having a floor area greater than 400 square feet. Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land). Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to it’s before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred. Installing a travel trailer or recreational vehicle on a site for more than 180 days. 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. Reconstruction or repairs made to a repetitive loss structure. Residential Structures. New construction or substantial improvement of any residential structure (or m above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of10.5(B)(4). Non-Residential Structures. New construction or substantial improvement of any commercial, industrial, o lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of 10.5(B)(4). Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following: ---PAGE BREAK--- 94 A Registered Professional Engineer or Architect shall certify that the structure 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 structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the floodplain administrator as set forth in 10.4(C)(12). Floodproofing measures shall be operable without human intervention and without an outside source of electricity. Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria: Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area). The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade. Structures Constructed on Fill. ---PAGE BREAK--- 95 A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following: The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file. The fill shall extend 10feet beyond the foundation of the structure before sloping below the BFE. 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 3 horizontal to 1 vertical. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. The top of the lowest floor including basements shall be at or above the FPG. Fill shall be composed of clean granular or earthen material Standards for Manufactured Homes and Recreational Vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements: These requirements apply to all manufactured homes to be placed on manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood: 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 an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (ii) Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in 10.5(B)(4). ---PAGE BREAK--- 96 (iii) Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood: The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (ii) Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in 10.5(B)(4). (iii) Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. Recreational vehicles placed on a site shall either: be on site for less than 180 days; (ii) be fully licensed and ready for highway use (defined as 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 (iii) meet the requirements for “manufactured homes” as stated earlier in this section. Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures. Such structures must meet the following standards: Shall not be used for human habitation. Shall be constructed of flood resistant materials. Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters. Shall be firmly anchored to prevent flotation. ---PAGE BREAK--- 97 Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG. Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in 10.5(B)(4). Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement. Standards for Subdivision Proposals. All subdivision proposals shall be consistent with the need to minimize flood damage. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots or five acres. All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA. All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders). Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the lim within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible. Standards for Identified Floodways. ---PAGE BREAK--- 98 Located within SFHAs, established in 10.3(B), are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. 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 Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of IC 14-28-1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any 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 structure. However, it does exclude non- substantial additions/improvements to existing (lawful) residences in a non- boundary river floodway. (IC 14-28-1-26 allows construction of a non-substantial addition/ improvement to a residence in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana Department of Natural Resources.) No action shall be taken by the Floodplain Administrator until a permit or letter of authorization (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway or letter of authorization has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in 10.5 of this ordinance have been met. The Floodplain Development Permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community’s more restrictive regulations (if any) shall take precedence. No development shall be allowed, which acting alone or in combination with existing or future development, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse affect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses. 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 per mapping standard regulations found at 44 CFR § 65.12. Standards for Identified Fringe. If the site is located in an identified fringe, then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in 10.5 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 FPG. Standards for SFHAs without Established Base Flood Elevation and/or Floodways/Fringes. ---PAGE BREAK--- 99 Drainage area upstream of the site is greater than one square mile: If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, 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 Indiana Department of Natural Resources for review and comment. No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway (including letters of authorization) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources. Once the Floodplain Administrator has received the proper permit for construction in a floodway (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in 10.5 of this ordinance have been met. Drainage area upstream of the site is less than one square mile: If the site is in an identified floodplain where the limits of the floodway and 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 floodplain and one-percent annual chance flood elevation for the site. Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in 10.5 of this ordinance have been met. The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than 0.14 of one foot and shall not increase flood damages or potential flood damages. Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet applicable standards as required per 10.5. 10.6. Variance Procedures. ---PAGE BREAK--- 100 Designation of Variance and Appeals Board. The Board of Zoning Appeals shall hear and decide appeals and requests for variances from requirements of this ordinance. Duties of Variance and Appeals Board. The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this ordinance. Any person aggrieved by the decision of the board may appeal such decision to the Brown County Circuit Court. Variance Procedures. In passing upon such applications, the board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and; The danger of life and property due to flooding or erosion damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the services provided by the proposed facility to the community. The necessity of the facility to a waterfront location, where applicable. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. The compatibility of the proposed use with existing and anticipated development. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. The safety of access to the property in times of flood for ordinary and emergency vehicles. The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site. (10) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Conditions for Variances. Variances shall only be issued when there is: ---PAGE BREAK--- 101 A showing of good and sufficient cause. A determination that failure to grant the variance would result in exceptional hardship. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. No variance for a residential use within a floodway subject to 10.5(E) or of this ordinance may be granted. Any variance granted in a floodway subject to 10.5(E) or of this ordinance will require a permit from the Indiana Department of Natural Resources. Variances to the Provisions for Flood Hazard Reduction of 10.5(B), may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (See 10.6(E)). The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request (See 10.6(E)). Variance Notification. Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that: The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and; ---PAGE BREAK--- 102 Such construction below the flood protection grade increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. Historic Structure. Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum to preserve the historic character and design of the structure. Special Conditions. Upon the consideration of the factors listed in 10.6, and the purposes of this ordinance, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. 10.7 Severability. If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. 10.8 Effective Date. This Chapter shall be in full force and effect on December 8, 2016, on which date the provisions of Chapter 10 that were in effect prior to that date will be superseded and replaced by the foregoing provisions. Section 2. Brown County Zoning Ordinance 2.3 (BOUNDARIES: FLOOD DISTRICTS), shall be, and hereby is, amended to read as follows: 2.3 BOUNDARIES: FLOOD DISTRICTS The flood plain floodplain) districts (areas subject to inundation by the regulatory flood) as identified or delineated by the Federal Emergency Management ---PAGE BREAK--- 103 Agency in the scientific and engineering report titled “The Flood Insurance Study of Brown County, Indiana, and Incorporated Areas," and on the corresponding Flood Insurance Rate Map, dated December 8, 2016,as those documents the Flood Insurance Study and the Flood Insurance Rate Map) exist, now or as subsequently amended, updated, or revised by the Federal Emergency Management Agency, are hereby adopted by reference and declared to be a part of this Chapter and the Brown County Zoning Ordinance. The zone maps of this Chapter and the Brown County Zoning Ordinance are hereby amended to conform to the boundaries of the Flood Plain (Floodplain) District (FP), the Floodway Fringe District (FF), and the Floodway District (FW) as defined in Section 2.1(a) and Chapter 10, and as identified in or delineated in/on the incorporated Flood Insurance Study and Flood Insurance Rate Map. Where land was formerly designated as a FP District only, but is no longer included as a FP District by this Chapter, and where said land is bounded on all sides by the same zone as determined by the zone map, then said land shall be zoned the same as the surrounding land. Where said land is bounded by a State or County Highway and is bounded on all other sides by one zone as determined by the zone map, said land shall be zoned pursuant to the terms of Section 2.5 of this Chapter as to that portion of the land to which Section 2.5 applies, the balance of said land shall be zoned to conform with the zoning of the surrounding area as shown on the zone map. Where said land is bounded by land which is zoned according to the zone map by two or more different zones, then said land shall be rezoned by further amendment to this ordinance by the legislative body. ---PAGE BREAK--- 104 CHAPTER 11 - AREA PLAN COMMISSION 11.1 Purpose The purpose of this chapter is to improve the health, safety, convenience, and welfare of the citizens of Brown County, Indiana, and the participating municipalities within Brown County, Indiana, and to plan for the future of Brown County, Indiana, and the participating municipalities within Brown County, Indiana, to the end that: A. residential areas provide healthful surroundings for family life in keeping with the Brown County rural tradition of preservation of its quiet country atmosphere and scenic beauty; B. new communities grow only with adequate public way, utilities, health, educational, and recreational facilities in keeping with the Brown County rural tradition of preservation of its quiet country atmosphere and scenic beauty; C. the needs of residents, agriculture, industry, and business be recognized in future growth; D. the growth of the County and of the participating municipalities are carefully controlled and managed and is commensurate with and promotive of the efficient and economical use of public funds; and E. highway systems within Brown County, Indiana, and the participating municipalities within Brown County, Indiana be carefully planned. 11.2 Establishment The Brown County Area Plan Commission ("Plan Commission") is hereby re-established in accordance with the Area planning law set forth in Indiana Code Chapter 36-7-4. 11.3 Membership The Plan Commission shall consist of seven members, as follows: A. Two members, appointed by the Board of County Commissioners, who may be a member of the Board of County Commissioners; B. One member, appointed by the County Council, who may be a member of the County Council; C. One member, appointed by the Nashville Town Council, who may be a member of the Town Council; D. One member, appointed by the Brown County School Board who shall be the Superintendent of Schools, the Assistant Superintendent of Schools, an administrative official of the School Corporation, or a member of the Brown County School Board; E. The Brown County Surveyor or an individual appointed by the Brown County Surveyor; and F. The County Agricultural Extension Educator. ---PAGE BREAK--- 105 11.4 Qualifications of Members Each member shall be appointed because of: the member’s knowledge and experience in the community affairs in Brown County or elsewhere; the member’s awareness of the social, economic, agricultural, and industrial problems of the area; and the member’s interest in the stewardship of the area. A member may not hold other elective or appointive office in municipal, county, or state government except in the case of a membership on the school board, the Park board, the Board of Zoning Appeals, the board of directors for the public utilities, or the board of trustees for utilities created under I.C 8-1-11.1, or as otherwise authorized by law I.C. 36-7-4-208). Excepting the members established by Sections 3(D) and above, a member must be a resident of Brown County, Indiana. A member shall be knowledgeable in the area from which the member is appointed. 11.5 Terms of Office A. The term of the member appointed pursuant to Subsection 3(A) shall expire on January 1, 1998. The term of the member appointed pursuant to Subsection 3(B) shall expire on January 1, 1995. The term of the member appointed pursuant to Subsection 3(C) shall expire on January 1, 1996. All subsequent appointments made pursuant to Subsections and shall be for a term of four years which term expires on the first Monday of January of the fourth year following the member’s appointment. The member appointed pursuant to Subsection 3(D) shall serve until removed by the Brown County School Corporation. However, the School Corporation may adopt a term limitation for its appointee of not less than four years. The term of the member appointed pursuant to Subsection 3(F) shall be coextensive with the appointee’s status as the County Agricultural Extension Educator for Brown County, Indiana. The member appointed pursuant to Subsection 3(E) shall be coextensive with the appointing Surveyor’s term of office. B. A member serves until his successor is appointed and qualified. A member may be reappointed. 11.6 Removal of Member The appointing authority may remove a member from the Plan Commission for cause. The appointing authority must mail notice of the removal along with written reasons for the removal to the member at his residence address. A member who is removed may, within thirty (30) days after receiving notice of the removal, appeal the removal to the Brown Circuit Court. The Circuit Court may, pending the outcome of the appeal, order the removal or stay the removal of the member. 11.7 Vacated Membership If a vacancy occurs among the Plan Commission membership, then the appointing authority shall appoint a member for the unexpired term of the vacating member. 11.8 Expenses IF the Plan Commission determines that it is necessary or desirable for members or employees to join a professional organization or to attend a conference or interview dealing with planning or related problems, the Plan Commission may pay the applicable membership fees and all actual expenses of the members or employees, subject to County Council appropriation of funds. ---PAGE BREAK--- 106 11.9 Mileage and Compensation I.C. 36-2-7-2 notwithstanding, all members of the Plan Commission are entitled to receive the following: a sum for mileage, for each mile necessarily traveled while performing the member’s duties, in an amount that is equal to the amount paid to state employees for mileage and a sum for compensation for services as a Plan Commission member in an amount that the County Council may determine for attendance at Plan Commission meetings. 11.10 Conflict of Interest A Plan Commission member may not participate as a Plan Commission member in a hearing or decision of the Plan Commission concerning a matter in which the member has a direct or indirect financial interest. The Plan Commission shall enter in its records the fact that member has such a disqualification. A Plan Commission member shall not directly or personally represent another person in a hearing before the Plan Commission, the Board of Commissioners, the Nashville Town Council or the legislative body of any other participating municipality concerning a zoning matter or any other matter related to zoning including, but not limited to, annexation. A Plan Commission member may not receive mileage or compensation under Section 9 above for attendance at a meeting at which the member is disqualified from participation, during any part of the meeting, for having a direct or indirect financial interest in a matter before the Plan Commission. 11.11 Official Action An action of the Plan Commission is not official unless it is authorized, at a regular or special meeting, by a majority of the entire Plan Commission membership or by a majority of the Executive Committee pursuant to Section 18 of this chapter. 11.12 President and Vice President At its first regular meeting in each year, Plan Commission shall elect from its membership a president and a vice president. The vice president may act as president of the Plan Commission during the absence, disability or recusal of the president. 11.13 Secretary The Plan Commission may appoint and fix the duties of a secretary, who is not required to be a member of the Plan Commission. 11.14 Meetings and Records A. The Plan Commission shall fix the time for holding regular meetings each month or as necessary. Special meetings of the Plan Commission may be called by the president or by two members of the Plan Commission upon written request to the secretary. The secretary shall send to all members, at least three days before the special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if: the date, time and place of a special meeting are fixed in a regular meeting; and, all members of the Plan Commission are present at that regular meeting. All regular and special meetings of the Plan Commission shall be open to the public, except that the Plan Commission may schedule executive session meetings pursuant to I.C. 5-I4-l.5-1 et seg. ---PAGE BREAK--- 107 B. The Plan Commission shall keep minutes of its proceedings, keep records of its examinations and other official actions; prepare written findings of fact in support of each of its decisions; and record the vote, disqualification, abstention, or failure to vote of each member upon each question. All Plan Commission minutes and records shall be filed in the office of the Plan Commission and shall be public records to the extent required by I.C. 5-14-3-1 et seg. 11.15 Staff and Services A. When there is a vacancy in the position of executive director of the planning department, the Plan Commission shall recommend to the Commissioners a candidate for the position. B. The Plan Commission shall prescribe the qualifications of, appoint, remove, and, with the consent of the executive director, fix the compensation of the employees of the Plan Commission, which compensation must conform to the salaries and compensations fixed before that time by the County Council. The salaries and compensation shall be consistent with the Brown County salary study. The Plan Commission shall delegate authority to its employees to perform ministerial acts in all cases except where final action of the commission is necessary. C. The Plan Commission may contract for special or temporary services and any professional counsel. D. The Plan Commission may designate a hearing examiner or a committee of the Plan Commission to conduct any public hearing required to be held by the Plan Commission. Such a hearing must be held upon the same notice and under the same rules as a hearing before the entire Plan Commission. The examiner or committee shall report findings of fact and recommendations for decision to the Plan Commission. The Plan Commission shall, by rule, provide reasonable opportunity for interested persons to file exceptions to the findings and accordance with those rules (or is filed, in any event, if the Plan Commission has not promulgated rules), the Plan Commission may render its decision without further hearing. 11.16 General Powers and Duties The Plan Commission shall A. Supervise, and make rules for, the administration of the affairs of the Plan Commission; B. Prescribe uniform rules pertaining to investigations and hearings; C. Record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission; D. Prepare, publish, and distribute reports, ordinances and other material relating to activities authorized under this chapter; E. Adopt a seal; F. Certify to all official acts; ---PAGE BREAK--- 108 G. Supervise the fiscal affairs of the Plan Commission; H. Prepare and submit an annual budget in the same manner as other County departments and be limited in all expenditure to the provisions made for the expenditures by the County Council; I. Sue and be sued collectively by its legal name "Brown County Area Plan Commission” with service of process on the President of the Plan Commission; J. Make recommendations to the Board of Commissioners or to the legislative body of any participating municipality concerning: 1. the adoption of the comprehensive plan, ordinance and amendments; and 2. any other matter, within the jurisdiction of the Plan omission, authorized by the area planning law; K. Render decisions concerning and approve: 1. plats or replats of subdivisions; 2. development plans for residential, commercial, and industrial uses; 3. waivers of subdivision standards; L. Assign street numbers to lots and structures and renumber lots and structures, and notify the Circuit Court Clerk or Board of Registration, the administrator of the County’s enhanced emergency telephone system, and United States Postal Service of the numbering or renumbering no later than the last day of the month following the month in which the action is taken; and M. Make recommendations to the Board of Commissioners or the legislative body of any participating municipality, as appropriate, concerning the naming and renaming of streets and road, in accordance with guidelines set forth in Section 23 of this Chapter, and notify the Circuit Court Clerk or Board of Registration, the administrator of the County’s enhanced emergency telephone system, and the United State Postal Service of the naming or renaming no later than the last day of the month following the month in which the Commissioners’ or Council’s action is taken; and N. Establish a schedule of reasonable fees to defray the administrative costs connected with: processing and hearing administrative appeals and petitions for rezoning, special exceptions, conditional uses, temporary uses and variances; issuing permits; and, other official actions taken under the Zoning Ordinance. ---PAGE BREAK--- 109 11.17 Citizen Committees By resolution, the Plan Commission may establish advisory committees of citizens interested in problems of planning and zoning. In its resolution establishing such a committee, the Plan Commission shall specify the terms of its members, its purposes, and whether the committee is of perpetual or limited duration. Each advisory committee shall: A. study the subject and problems specified by the Plan Commission and make recommendations to the Commission regarding the subject and problems specified and recommend additional problems in need of study; B. advise the Plan Commission concerning how the subject and problems relate particularly to different areas and groups in the community; and C. if invited by the Plan Commission to do so, sit with and participate, without the right to vote, in the deliberations of the Commission, when subjects of mutual concern are discussed. A citizen committee shall report only to the Plan Commission and shall make inquiries and reports only on the subject and problems specified by the Plan Commission’s resolution establishing the committee. 11.18 Executive Committee A. The Plan Commission may establish an executive committee of not less than three nor more than six persons appointed by the Plan Commission from its membership. The establishment of the executive committee, the naming of its individual members, and the adoption of rules governing its operation requires a two-thirds (2/3) majority vote of the entire membership of the Plan Commission. B. A majority of the executive committee may act in the name of the Plan Commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the executive committee to the Plan Commission. 11.19 Gifts and Grants The Plan Commission as a whole may accept gifts, donations, and grants from private or governmental sources for advisory planning purposes. Any money so accepted shall be deposited with the Brown County Treasurer, in a special nonreverting Plan Commission fund to be available for expenditures by the Plan Commission for the purposes designated by the source. The Brown County Auditor shall draw warrants against the special nonreverting fund only on vouchers signed by the president and secretary of the Plan Commission 11.20 Alternate Procedure A. The Plan Commission may appoint a hearing officer and may establish an alternate procedure under which the hearing officer may approve or deny variances from the design standards of the Zoning Ordnance, special uses, conditional uses, and special exceptions from the terms of the Zoning Ordinance. With respect to such matters, the hearing officer shall have the power of the Board of Zoning Appeals. The hearing officer may be a Board of Zoning Appeals member, a Plan Commission staff member, or any other person. The Plan ---PAGE BREAK--- 110 Commission may appoint more than one hearing officer. A hearing officer serves at the pleasure of the Plan Commission and may be removed by the Plan Commission at any time, without cause. B. With respect to an alternate procedure, the Plan Commission may adopt rules: 1. limiting the kinds of variance, special use, contingent use, conditional use, or special exception petitions that may be filed under the alternate procedure; 2. permitting the hearing officer, in appropriate circumstances, to transfer a petition filed under the alternate procedure to the Board of Zoning Appeals; 3. requiring the creation of minutes and records of the proceedings before the hearing officer and the filing of the minutes and records as public records; and 4. regulating conflicts of interest and communications with the hearing officer, so as to require the same level of conduct required of the Board of Zoning Appeals in the conduct of its business. C. The Plan Commission staff may file a written objection to a petition for a variance, exception, or use if: 1. it would be injurious to the public health, safety, morals, and general welfare of the community; or 2. the use or value of the area adjacent to the property included would be affected in a substantially adverse manner. D. If a written objection is filed by the Plan Commission staff, the petition shall: 1. be considered withdrawn or 2. be transferred to the Board of Zoning Appeals if requested by the petitioner. E. The Plan Commission staff may indicate that it does not object to the approval of the petition if specified conditions are attached. If the applicant does not accept these conditions, the petition shall: 1. be considered withdrawn or 2. be transferred to the Board of Zoning Appeals if requested by the petitioner. F. The hearing officer may impose conditions and may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel, in the same manner that the Board of Zoning Appeals may impose conditions or require written commitments. If the applicant for the variance, exception, or use does not accept these conditions or make the commitment, the petition shall: 1. be considered withdrawn or 2. be transferred to the Board of Zoning Appeals if requested by the petitioner. ---PAGE BREAK--- 111 G. The hearing officer may not modify or terminate any commitment made to the hearing officer or to the Board of Zoning Appeals. H. A decision of a hearing officer under the alternate procedure may not be a basis for judicial review, but it may be appealed to the Board of Zoning Appeals. An interested person who wishes to appeal a decision of a hearing officer under the alternate procedure must file the appeal with the Board of Zoning Appeals within fourteen (14) days after the decision is made. 11.21 Review of Zoning Ordinance The Plan Commission shall periodically review both the text of the Zoning Ordinance and the Zoning Maps. Such review shall be performed on a regular schedule established by the Plan Commission, but not less frequently than once every two years. Upon review of the text and maps, the Plan Commission shall recommend all appropriate changes to the County Commissioners or to the legislative body of any participating municipality as proposed amendments to the Zoning Ordinance. 11.22 Plat Committee The Plan Commission may appoint a plat committee to hold hearings on and approve plats and replats, on behalf of the Plan Commission, under the circumstances prescribed in the Subdivision Control Ordinance. The plat committee consists of three or five persons, with at least one of the members being a member of the Plan Commission. Each appointment of a member of the plat committee is for a term of one year, but the Plan Commission may remove a member from the plat committee at any time, with or without cause. The Plan Commission must mail notice of the removal, along with written reasons, if any, for the removal, to the member at his residence address. A member who is removed may not appeal the removal to a court or otherwise. The plat committee may take action only by a majority vote. 11.23 Naming and Renaming Streets In making proposals to the Board of Commissioners or the legislative body of any participating municipality regarding the naming and renaming streets, the Plan Commission shall be guided by the following policies: A. Duplicate street names and names that sound alike shall not be allowed; B. Directional or relative names should not be used North Drive, Spearsville Road); C. A continuous street should not change names when the direction of the street changes; D. Predominately north-south streets shall have an prefix if north of the center line and an prefix if south of the center line; E. Predominately east-west streets shall have an prefix if east of the enter line and a prefix if west of the center line; F. Dead-end streets or courts that have no possibility of extension to another road should have a name that is based on the name of the street they connect to E. Poplar Grove Lane, N. Poplar Grove Court, N. Poplar Grove Circle) ; ---PAGE BREAK--- 112 G. The Postmaster who serves the area in which the named or renamed street will be or is located should be given the opportunity to review and comment on proposed names before the Plan Commission approves a proposal; and H. The Brown County Highway Superintendent or the official responsible for street or road maintenance for a participating municipality, as appropriate, must be given the opportunity to review and comment on proposed names before the Plan Commission approves a proposal. ---PAGE BREAK--- 113 CHAPTER 12 – WIRELESS COMMUNICATONS FACILITIES 12.1 Purpose The purpose of this chapter is to: 1. regulate the design, construction, placement, modification, and removal of wireless communications facilities; 2. allow the providers of wireless communications services to provide for adequate coverage and capacity while minimizing the overall impact of additional towers and protecting the fundamental characteristics of the various zoning districts; 3. encourage co-location, the use of attached facilities, concealed facilities, and the use of appropriate public and semi-public properties whenever feasible; 4. require designs and parameters compatible with adjacent land uses, and to conserve the scenic, historic, aesthetic and environmental quality of Brown County and the tourism industry based thereon from the adverse impacts of wireless communications facilities development; 5. promote long-range planning and cooperation between the citizens and property owners of Brown County, the Brown County Area Plan Commission, the Board of Zoning Appeals, the County Commissioners, and the wireless communications services providers; 6. protect the public health, safety and general welfare of the community; and, 7. give due regard to the policies of Brown County’s Comprehensive Plan when evaluating proposals for wireless communications facilities. 12.2 Permitted Uses A. Permitted Uses without a Special Exception 1. Co-location or collocation means the placement of installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound. 2. Attached wireless communication facility. An antenna array may be integrated with/within another existing structure a building façade or water tower) as long as the attachment would not constitute a substantial modification. 3. Replacement or expansion of a legal, existing WCF that would constitute a substantial modification. This replacement is subject to the application procedures, general requirements and abandonment provisions of this Chapter. B. Permitted Uses with a Special Exception: ---PAGE BREAK--- 114 In addition to the requirements of this Chapter, all new WCFs not included in 12-2(A) above, must receive a Special Exception from the Brown County Area Board of Zoning Appeals and shall be subject to the requirements of Chapter 3 (Special Exceptions), Sections 1, 4, 5, Chapter 4, Sections 11, 12, and Chapter 6, Section 3. Special Exception approval shall be required for placement of a new WCF in all zoning districts. C. Exemptions: The following wireless communications facilities are exempt from the provisions of this Chapter: police, fire, ambulance and other emergency dispatch; amateur (HAM) radio; antennas used solely for residential household television and radio reception and satellite dishes measuring 2 meters or less in diameter. D. Prohibitions: Any WCF not expressly permitted under Subsection Permitted Uses, Subsection Permitted Uses with Special Exception, or not exempted under Subsection Exemptions, are prohibited. Speculative construction of towers for future leasing without specific for antennas at the time the application for the tower is submitted) is specifically prohibited. E. Conditions of Approval: The following conditions apply to all permitted uses: 1. Applicants and/or petitioners agree to make a good faith effort on terms consistent with any applicable national agreement or on terms common to the region, to accommodate requests for co-location that originate from a provider, from the WCF owner, or from the Area Plan Commission; 2. Property owners and/or agents shall accept and accommodate the provisions for co-location prescribed by this ordinance, and shall agree to the renting or leasing of space on a support structure of WCF, for co-location, at fair market prices and terms without discrimination; 3. Upon completion of the support structure or WCF, owners and/or operators of the support structure or WCF agree to make a good faith effort to accommodate co- location (placement of additional antenna arrays) in a timely manner, including those WCF or antenna arrays proposed by other service providers. 4. No approval for a WCF or support structure shall become valid until written approval of a written statement of no objection from all relevant federal, state, or local agencies with regulatory authority has been submitted to the Director of the Area Plan Commission. 12.3 General Requirements ---PAGE BREAK--- 115 The following requirements apply to all WCFs that are erected or placed within the County jurisdictional area after the effective date of this chapter: A. For each application under Chapter 12, section 2 and the property owners, WCF owners, and wireless communications service provider(s) shall be considered co- applicants and shall be jointly and severally subject to the provisions of this ordinance. B. Each application for a permit to add to an existing WCF or for a Special Exception for placement of new WCF shall be accompanied by the following: 1. Application Form: A completed application form, that: a. identifies the names, business addresses, and points of contact for the applicants; b. states the location of the proposed or affected wireless support structures or wireless facilities; c. includes original signatures from all applicants including the property owners, WCF owners, and wireless communications service providers. 2. Construction Plan: A construction plan that describes the locations of the proposed co-location, attachment, replacement, substantial modification, or wireless support structure (by property address, latitude/longitude coordinates, and township, range, section, ¼ section, shown on a plat map obtained from the Auditor’s office), and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment, means of access, proposed site improvements, and compliance with the Building Code. The construction plan shall also include, to the extent applicable: the total height and width of the wireless facility and/or wireless support structure, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundation’s capacity; the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and wireless support structure, the area within which the wireless support structure is designed to collapse, and all easements, roadways, and existing structures within a distance of the wireless support structure that is equal to the height of the structure, and all other information necessary to demonstrate compliance with this Chapter. 3. For new wireless support structures, evidence supporting the choice of location for the proposed wireless support structure, including a sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option because co-location: a. would not result in the same wireless service functionality, coverage, and capacity; ---PAGE BREAK--- 116 b. is technically infeasible; or, c. is an economic burden to the applicant. 4. For new wireless support structures, evidence showing that the application complies with the Special Exception criteria set forth in the ordinance. 5. For new wireless support structures that also require variance approval, evidence showing that the application complies with the variance criteria set forth in the ordinance. C. If an applicant submits the information required by this Section, the application shall be deemed to be complete. D. Information that the applicant deems to be confidential shall be submitted on green colored paper and shall be treated as confidential, and not available to the public, to the extent authorized by Ind. Code 5-14-3, et seq. E. An applicant shall pay the application fee established by the Brown County Area Plan Commission. An applicant may submit a single application and pay a single application fee, to co-locate multiple wireless facilities or to establish multiple small cell facilities as part of a single small cell network. 12. 4 Application Review Procedure A. Determination of Completion/Defects. Within ten (10) days of receipt of an application, the permit authority shall review an application to determine if the application is complete. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. B. Cure. An applicant for approval under 12.2(A)(3) of this Chapter that receives a written notice of incompletion may cure the defects and resubmit the application within thirty (days) of receiving the notice. An applicant for approval under 12.2(A)(1) or of this Chapter that receives a written notice of incompletion may cure the defects and resubmit the application within fifteen (15) days of receiving notice. If the applicant is unable to cure the defects within the relevant cure period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects. C. Decision by Permit Authority. With respect to an application for approval under 12.2(A)(3) of this Chapter, not more than ninety (90) days after the permit authority makes an initial determination of completeness, the permit authority shall: review the application to determine if it complies with applicable laws and ordinances governing land use and zoning; and notify the applicant in writing whether the application is approved or denied. However, if the applicant requested additional time to cure defects in the application, the ninety (90) day decision period shall be extended for a corresponding time. With respect to an application for approval under 12.2(A)(1) or of this Chapter, not more than forty-five (45) days after the permit authority makes an initial determination of completeness, the permit authority shall: review the application to determine if it complies with applicable laws and ordinances governing ---PAGE BREAK--- 117 land use and zoning; and notify the applicant in writing whether the application is approved or denied. However, if the applicant requested additional time to cure defects in the application, the forty-five (45) day decision period shall be extended for a corresponding time. D. Variances/Decision. With respect to an application for approval under 12.2(A)(3), if the application for the proposed wireless support structure requires a variance from the terms of the Ordinance, the permit authority shall have an additional thirty (30) days to comply with the relevant decision periods of Subsection C above. E. Written Decisions. A written decision shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include substantial evidence in support of the denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority. F. Administrative Approval. Approvals sought under 12.2(A)(1) and may be granted by the Planning Director without public hearing. 12. 5 Performance Standards A. Security. For all WCF excepting Attached WCF, a perimeter fence at least eight feet high shall be installed to circumscribe and contain the WCF, along with all accessory structures and/or facilities. Use of razor wire is prohibited. B. Lighting. 1. Security lighting is not required. However, if security lighting is installed it shall be confined to accessory structure(s), directed downward to minimized glare or intrusion into adjoining properties. 2. Any WCF, support structure, or antenna array that requires illumination shall meet FAA requirements. When there is a choice between red and white strobe lights on the tower, red lights with maximum intervals between flashes shall be required. All lighting shall be shielded underneath or on the bottom of the bulb, so as to reduce glare on adjoining and nearby uses. 3. Other illumination is prohibited. C. Landscaping. 1. The following planting requirements shall be applied to all applications or petitions for construction of WCF and/or support structures: a. A double staggered row of evergreen trees, planted at seven ft. in height (measured from grade) and at no more than fifteen (15) ft. intervals along the perimeter of the fence to screen the facilities from adjoining properties; or, ---PAGE BREAK--- 118 b. A mix of deciduous shade trees (2.5”caliper) and large deciduous shrubs (at least 48” in height) of sufficient density along the perimeter of the fence to adequately screen the facilities from adjoining properties. c. Existing vegetation within twenty feet (20) of the security fence that is preserved shall be credited towards planting requirements. 2. The provisions of this section may be waived, in whole or in part, by the Area Plan Commission upon a determination that: site conditions would not be adequate to support landscape plantings; or, that architectural camouflage (“stealth” design) will insure compatibility with adjoining land uses and eliminate the need for screening. 3. All landscape plantings shall be properly maintained or replaced as necessary to ensure their good health and viability for the life of the WCF and/or support structure. D. Signage. Identification signage, no more than three square feet in total area, shall be required for each WCF/support structure, and/or accessory facility. Identification signage shall include the name(s) of the facility owner(s) or operator(s) and a 24-hour emergency telephone number, and shall be affixed to a perimeter fence or entrance where possible. Signage shall be decided by the Board for each application. Advertising signage is prohibited. E. Attached WCF. Attached WCF shall be appropriately integrated with, or within, existing structures with due consideration given to sitting/placement, color, camouflage, size and type of construction. Attached WCF shall be designed to minimize visual impact and antenna arrays shall not exceed the height of the existing structure by more than twenty (20) feet. F. Noise. 1. Noise-producing equipment shall be sited and/or insulated to guarantee that no increase in noise above ambient levels measured at the property line occur. 2. Backup Generations, if used, shall only be operated during power outages and for testing and maintenance purposes. Routine testing and maintenance, if conducted, shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. G. Color and Camouflage. 1. All WCF, support structures, accessory buildings, poles, antennas and other external facilities shall be painted upon installation and thereafter repainted as necessary with a “flat” paint. Except where dictated by the FAA, paint color shall, at the discretion of the Planning Director or Plan Commission, be designed to minimize visibility & blend with the surrounding environment. ---PAGE BREAK--- 119 2. Accessory buildings and/or structures shall be designed to be architecturally similar and compatible with each other, and shall not exceed twelve (12) feet in height and 750 square feet in area. Accessory buildings and/or structures shall be used only for the housing of equipment needed to service the WCF and/or antenna array(s) located on the premises. Where possible, accessory buildings and/or structures shall be attached or clustered so as to appear as one building. Exterior facades shall incorporate materials, textures and colors that blend with the surroundings to minimize visual impact. 3. The Director of the Area Plan Commission and/or Area Plan Commission shall reserve the right to require architectural camouflage, or “stealth design,” if a proposed site is deemed sensitive for any of the following reasons: a. the prospective site is located in, or within 300 feet of, property officially designated as “Historic” by the State of Indiana, Brown County or the village of Nashville, listed with the Indiana Historic Site and Structures Inventory, or located within property listed with the National Register of Historic Places. b. the prospective site lies in, or within 300 feet of a right-of-way classified as a scenic corridor by the Brown County Comprehensive Plan or the State of Indiana. H. Materials. Excepting Attached WCF, all support structures shall be constructed of galvanized metal. The provisions of this section may be waived by the Director of the Area Plan Commission upon a determination that architectural camouflage (“stealth” design) will satisfy the intent of this section. I. Health and Safety. 1. All WCF and/or support structures shall be constructed, operated, maintained and monitored in compliance with all applicable federal FCC and FAA) and state standards and requirements. 2. WCF and/or support structures that would be classified as a hazard to air navigation, as defined by the Federal Aviation Administration, shall not be permitted. 12.6 Temporary WCF A. Temporary WCF or antennas shall be permitted for test purposes, emergency communications or in the event of equipment failure for a maximum period of two weeks, subject to the requirements of Section 12.3 through and through (10). B. If the application is investigating co-location opportunities for a proposed antenna array, and demonstrates with written documentation that good faith co-location negotiations are in process, a temporary WCF may be approved by the Director of the Area Plan ---PAGE BREAK--- 120 Commission for a period not to exceed six months subject to the requirements of Section 12.3 through and through (10). C. An improvement location permit shall be required for each Temporary WCF. 12.7 Abandonment A. Any WCF or support structure that is no longer needed or used for its intended purpose shall be considered abandoned and shall be reported immediately by the service provider to the Director of the Area Plan Commission. All abandoned WCF and/or support structures shall be completely removed by, and at the expense of, the service provider and/or owner within six months from the date of abandonment and the surface of the site shall be restored to a condition suitable for development. B. The County may remove any discontinued WCF or support structure that is not completely removed within six months from the date of abandonment. Costs associated with the dismantling and removal of an abandoned WCF or support structure and site restoration shall be paid by the service provider and/or owner as bound by the terms of the maintenance and facility removal agreement described in Section 12.3 TABLE 12.1 Performance Standard All WCF, support structures Maximum Permitted Height Without Variance 199 feet Front Yard Setback (minimum) Certified fall zone of tower plus 50 feet Side Yard Setback (minimum) Certified fall zone of tower plus 50 feet Rear Yard Setback (minimum) Certified fall zone of tower plus 50 feet .