TITLE 36
ZONING

ARTICLE 1
COUNTY PLAN COMMISSION CREATED AND ESTABLISHED

Chapter 1
Land Use Plan

Land Use Plan. The Land Use Plan provides an exposition of the policy of the County Plan Commission for the progressive future development of the unincorporated land of the county. It gives consideration not only to the manner in which land would be occupied for dwellings, business enterprises, industries and other activities requiring buildings and structures but also to the land which would be required for roads and streets.

DeKalb County, situated in northeastern Indiana north of the metropolitan community of Fort Wayne and Indiana's largest county, Allen, and south of Steuben County, which has many lakes and recreational facilities, had a population of 28271 in 1960. It ranked 41st in population among the counties of the State. The county gained 8.6% in population during the decade 1950-60 and, while 42 counties had greater rates of increase during the decade, 17 other counties lost population. It is quite evident that DeKalb County is a progressive county and that, while its rate of increase of 8.6% is considerably less than that of Indiana, which had an increase of 18.5%, it exhibits conformation to the national trend of population growth.

DeKalb County contains eight incorporated places with populations within the county as follows:

Ashley 420; Auburn 6350; Altona, which is adjacent to Garrett, 313; Butler 2176; Corunna 361; Garrett 4364; St. Joe 499; Waterloo 1432.

The U.S. Census has classified all incorporated communities with 2500 or more population as urban places. Under this system DeKalb County had an urban population in 1960 of 10714, which was 37.9% of the population of the county. The two cities, Garrett and Auburn, which had the combined populations of 10714, increased 5.3% between 1950 and 1960. Of the two cities Auburn showed the greater increase, 8% while Garrett grew only 1.7%.

For planning purposes all of the population centers of the county should be considered, whether they be large or small. Actually 15915 people lived in the eight incorporated cities and towns in 1960, representing 56.3% of the population instead of the 37.9% of urban population reported by the 1960 Census. In 1950 the total for the eight communities was 15047, or 57.8%, of the total county population. The population of all of the incorporated places increased 5.76% which is slightly greater than the growth rate of Auburn and Garrett combined, but considerably less than for Auburn itself.

Considering only population classified by the U.S. Census as urban, the county as a whole had a 5.3% increase in urban dwellers and a 10.7% increase in rural population.

If the figure embraced by all of the incorporated places is used the rural population in 1950 was 10976 and had increased in 1960 to 12356. This represents an increase in rural population of 12.57%, whereas the Census showed a rural increase of 10.7%. The 1960 Census showed that 27 of the 92 counties of Indiana lost rural population during the preceding decade. Those which gained rural population did so because non-farm families were locating beyond the limits of cities and towns. The urban population of Indiana increased from 59.9% in 1950 to 62.4% in 1960 and evidently DeKalb County is following the same trend, although much of the non-farm population has not been absorbed by the incorporated cities and towns.

A series of Township Maps were prepared to indicate preliminary suggestions for land use districts in each of the townships and this information was later summarized on the County Map entitled Preliminary Land Use Plan showing Thoroughfares. It is evident that the two cities, Auburn and Garrett, and the Town of Waterloo and the suburban Town of Altona, adjacent to the City of Garrett, form an urban group which, within a few decades will become an urban community unit, although under separate administrative organizations. It is the responsibility of the County Plan Commission to plan the unincorporated territory between and around these communities so that their expansion will be harmonious in every respect.

The Town of Butler will undoubtedly grow also. Each of the four communities has experienced industrial growth, including automotive plants in Auburn, railroad activities in Garrett and other industries in the four communities. This activity has resulted in modest growth, although the trend of railroad managements to consolidate their repair and maintenance facilities has retarded growth in Garrett. It is certain that population expansion in the County will be primarily in the form of peripheral enlargement of the existing cities and towns. How large they will become is a matter for conjecture. However, there are certain national and regional trends in the growth of population which are significant.

It has been estimated that the population of the United States will increase by about 20% per decade. Estimates made by the Population and Training Center, University of Chicago, and published in Reader's Digest for February 1962, were as follows:

1960- 180,000,000; 1970- 215,000,000; 1980- 260,000,000; 2000- 385,000,000

The 1960 Census reported the population for the Nation as 179,323,175. Annual estimates issued by the Census Bureau have exceeded the above estimates. Indiana has kept pace with national trends, and in view of its location in the center of the Nation, close to markets and raw materials, and with superior transportation facilities and a splendid supply of skilled labor and management personnel, the State is almost certain to grow in pace with the Nation. Another factor of significant importance to DeKalb County is the proximity of northeastern Indiana communities to the Lake Erie Ports where transshipment of industrial products may be made to vessels plying the St. Lawrence Seaway. It is less than 100 miles from Auburn to Toledo on Lake Erie while it is about 125 miles to the new Indiana Burns Ditch Port. The Lake Erie Port would save over 700 miles of water transportation to Canadian and overseas destinations, which should have a beneficial effect upon industrial operations in the Fort Wayne Metropolitan Area and all of Northeastern Indiana. It would also be beneficial in its effects upon the shipment of farm products, and the receipt of raw materials and other imports.

TRANSPORTATION FACILITIES

Railroads. DeKalb County has excellent railroad transportation facilities which include the Baltimore and Ohio Railroad passing through Saint Joe, Auburn and Garrett on its route from Baltimore to Chicago. The New York Central Railroad passes through Butler, Waterloo and Corunna along its route from New York City and Buffalo to Chicago. The Wabash Railroad passes west of Saint Joe and through Butler along its route from St. Louis and Fort Wayne to Detroit and Buffalo. The old Butler Branch of the Pennsylvania Railroad now terminates at Auburn and connects with the main line of the Pennsylvania at Columbia City and other routes at Logansport. The former Jackson, Michigan, Branch of the New York Central also terminates at Auburn and extends south to Fort Wayne. The railroads are so located as to be able to meet any future needs for their type of transport.

Highways. The County is also well supplied with State and Federal Highways. See the Major Street or Highway Plan which is a part of the Thoroughfare Plan. The most important thoroughfare is Interstate Route 69 which will be completed during the 1964-1965 period and extends from Indianapolis, where more Interstate Routes converge than at any other point in the Nation, to a junction with Interstate Route 94 at Battle Creek, Michigan. It also connects with the Indiana East-West Toll Road in Steuben County. The design of the Interstate Route provides for an interchange southwest of Auburn providing access with Highway 427; an interchange with Highway 8-27 and another with U.S. Highway 6. There will also be a partial interchange at the Steuben DeKalb County Line with Highway 4 just east of Ashley. In addition to the interchanges there are six grade separations with important highways.

U.S. Highway 27 extends north from Fort Wayne to Garrett where it intersects Highway 8 and turns east to Auburn then north. This highway extends from Miami, Florida, to Mackinaw City, Michigan, and crosses the Straits of Mackinac Bridge to the northern peninsula of Michigan. Highway 427 is an alternate route leading directly from Fort Wayne to Auburn and points north. U.S. Highway 6 traverses the County through Waterloo and Butler and extends from Los Angeles to Cape Cod, Massachusetts. Highway 8 traverses Indiana and connects with Ohio roads. Highway 1 traverses Indiana from north to south and serves the eastern portion of DeKalb County and leads to Fort Wayne. Highway 327 extends north from Garrett and serves the western portion of the County. Highway 4 connects Highway 327 and U.S. Highway 27 along the Steuben-DeKalb County Line. Highway 3 touches the extreme southwestern corner of the County.

Belt Routes. The Major Street and Highway Plan, as illustrated on the County Map, indicates a series of future Belt Routes around the urban communities. These are generally from one to two and three miles distant from the center of each community. It will be noted that Garrett, Auburn and Waterloo are so close to each other that the two mile belt routes coincide between Waterloo and Auburn and between Auburn and Garrett.

When the land between the three communities is occupied by urban uses it is apparent from the map that the areas would be well served by these circulatory thoroughfares. They should all have rights-of-way of 100 feet so that when the maximum capacity for traffic movement is needed in the future, the right-of-way will be available. Roadways would be developed progressively at widths required for immediate traffic needs.

Insofar as possible the belt routes follow existing thoroughfares and take advantage of grade separations and interchanges with Interstate Route 69. Two additional grade separations would be required as shown on the map. When the time arrives where they are needed there would be no physical obstacle to their construction.

In addition to the above described belt routes, similar belt thoroughfares have been indicated around Saint Joe, Butler and Ashley. Population growth will determine the time when such thoroughfares would be definitely established on the ground, but whenever land is subdivided along their courses, the 100 foot right-of-way should be dedicated.

Primary Arterial Thoroughfares. In addition to the State Highways and the Belt Routes, other Routes following existing highways to large extent have been designated as Primary Arterial Thoroughfares. Openings where connections would be desirable have also been indicated. These Primary Arterial streets should have rights-of-way of 100 feet, too.

Secondary Arterial Thoroughfares. In order to complete a pattern of major thoroughfares at intervals of approximately one mile throughout the County other existing and proposed roads are shown on the map and classified as Secondary Arterial Thoroughfares. They should have rights-of-way of at least 80 feet.

Feeder Streets. Within the pattern of Arterial thoroughfares there will be need for many Feeder Streets, which should have rights-of-way of 70 feet, and which should serve inner needs for traffic movement. Some of these are indicated on the map but as land is subdivided there will be need for many more. Their alignments should be integrated with the minor street patterns of the subdivisions.

Summary. The pattern of various types of thoroughfares as shown on the map will provide DeKalb County with an adequate well arranged system of trafficways which will fully serve the County and its urban communities. The plan will serve as a guide for the subdivision of land so that right-of-way will be provided in advance and the designs of subdivisions will consider county wide as well as local needs when street patterns are designed.

ZONING

Zoning has to do with the determination and designation of land areas which will be needed for the various types of urban land use in the future. The Zoning Ordinance establishes the characteristics and specifications for the various districts. The Zone Map, based upon the Land Use Plan, establishes the boundaries of districts. The Zone Map consists of ten sheets, showing one or more Townships on each sheet.

Industrial Zones. The Zoning Ordinance establishes two types of industrial districts. The C-I1 District sets up districts in which industry of all types would be permitted which conforms to the requirements and performance standards set up in the ordinance. In this district business would also be permitted but residences would be excluded in order that the areas may be held primarily for new industries or expansion of existing industry. These districts are shown on the map adjacent to Auburn, Garrett, Waterloo and Butler and at a few other places.

The second type of Industrial District is the C-I2 District, shown on the Zone Map and located adjacent to railroads and highways but usually further out from the urban communities. In these districts residential development would be permitted if its need was first demonstrated, but industry conducted within enclosed buildings and without outside operations would be permitted. The two types of industrial districts will provide an abundance of good industrial sites, and since industrial expansion is essential to the progressive development of the County, their location is very important.

Commercial Development. Provision has been made for three types of business locations designated as General Business, Local Business and Roadside Business. They are shown on the Zone Map. General Business is the type of business usually found in the center of cities and towns. Since most of these districts are within incorporated areas, the only example of this district is the central area of Spencerville, which is unincorporated. Local Business, which permits most types of retail stores and service establishments, is generally located close to the urban areas, as shown on the map. It requires a setback from the property line of the streets of 15 feet.

The Roadside Business district permits retail establishments, service places, and a number of commercial activities as provided in the Zoning Ordinance and should require setbacks of 60 feet. Locations shown on the map coincide generally with existing uses of land. As the County grows there will, of course, be need for additional commercial developments and they can be provided for by amendment in conformity with the ordinance.

Residential Development. Practically all of the County is included in the Rural Residential District and meets requirements set up in the Zoning Ordinance. Surrounding the urban communities residential expansion will take place more rapidly and many of these areas have been placed in the Suburban Residential District. Most of the areas in the Prime Residential Growth areas, shown on the map, are on the outskirts of the cities and towns. The Zoning Ordinance provides for a lot approximately 70' x 140' in size in these areas when sanitary sewers and community water supply systems are utilized. These lots would correspond with the least dense residential districts in the towns and generally with existing residential subdivisions. It is assumed that these areas will generally be served by sewage disposal facilities and by public water supply. The smaller lots would then be appropriate. The strictly rural portions of the County would have lots with a minimum area of 20000 square feet and a minimum width of 100 feet. The "A" Residence District which requires lots of approximately 60' x 120' is placed in unincorporated communities and certain existing developments when the existing lots are already quite small in size and narrow in width.

SUBDIVISION CONTROL

The Subdivision Control Ordinance defines a subdivision of land and sets forth the procedures, requirements and improvement standards essential for the approval of well-planned and properly developed subdivisions. The Subdivision Control Ordinance provides, first of all, for the submission of a preliminary plat to the County Plan Commission so that the development and the manner in which it relates to the Master Plan may be discussed and desirable adjustments in the plan may be made before extensive work is done on the final plat. The ordinance provides for the holding of a public hearing on the preliminary plat in order that the neighboring property owners and the general public may be advised of the proposed development. Before the final plat may be officially recorded it must receive the approval of the Plan Commission.

The Subdivision Control Ordinance plays a most important function in the carrying out of the Master Plan. Therefore it is very important that each requirement in the ordinance and each proposal for the subdivision of land be given careful consideration in the light of the County's policy of development.

SUMMARY

There are several legal devices which have been employed to effectuate the Master Plan, as follows:

1.	The Major Street or Highway Plan or Thoroughfare Plan which will assure that new developments which are not classified as "subdivisions" will not interfere with thoroughfare rights-of-way proposed in the Master Plan, and that "subdivisions" will recognize right-of-way proposals by dedications. The Thoroughfare Plan is the most important feature of the Master Plan and this ordinance will assure compliance with its provisions.
2.	The Zoning Ordinance, which will assure compliance with the proper development practices and the land use proposals embraced in the Plan, in residential, industrial and business areas. Also the Zoning Ordinance will tend to discourage blight and will promote orderly growth and development.
3.	The Subdivision Control Ordinance, which will assure adherence to the Master Plan in the development of new residential subdivisions and sets forth the policy and procedure for land development.
4.	The Improvement Location Permit Ordinance, which requires anyone proposing to erect, construct, reconstruct or alter buildings, or change the use of land, to obtain a permit. This permit cannot be issued unless the proposed "use of land" conforms with the Master Plan and Ordinances.

Chapter 2
Ordinance of the Master Plan

36-1-2

Ordinance of the Master Plan. AN ORDINANCE FOR THE DEVELOPMENT THROUGH ZONING OF THE TERRITORY WITHIN THE JURISDICTION OF THE DEKALB COUNTY PLAN COMMISSION.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, UNDER AUTHORITY OF CHAPTER 174, ACTS OF 1947, AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO, GENERAL ASSEMBLY OF THE STATE OF INDIANA.

Section 1.

ESTABLISHMENT OF DISTRICTS AND ZONE MAP

The territory within the jurisdiction of the DeKalb County Plan Commission is hereby classified and divided into eight (8) Districts designated as follows:

DISTRICT DESIGNATION	TYPE OF DISTRICT
C-RS	Rural Suburban Residence
C-S	Suburban Residence
C-A	Residence
C-LB	Local Business
C-RB	Roadside Business
C-GB	General Business
C-I1	Open Industrial
C-I2	Enclosed Industrial

The Zone Map, which accompanies and is hereby declared to be a part of this ordinance, shows the boundaries of the area covered by the Districts. Notations, references, indications and other matters shown on the Zone Map are as much a part of this ordinance as if they were fully described herein.

Section 2.

RESIDENTIAL USES & REQUIREMENTS

The residential Uses defined below, including Accessory Buildings and Uses, are permitted in the Districts indicated in Figure 1 when complying with the requirements listed therein, subject also to the provisions of paragraph B, herein. (See also Section 9, paragraph J.).

1.	A Single-family Dwelling is a Detached Building designed for or occupied by one Family, exclusively.
2.	A Two-family Dwelling is a Detached Building designed for or occupied by two Families, exclusively.
3.	A Multi-family Dwelling is a Building designed for or occupied by three or more Families, exclusively.

Other Provisions for Residential Uses are as follows:

Use of existing Lots deficient in area or width:

A Single-family Dwelling may be located on any Lot in any District in which Single-family Dwellings are permitted if the Lot was a single parcel in single ownership or a single parcel separately described or included in a deed or Plat which was of record in the Office of the County Recorder of DeKalb County at the time of passage of this ordinance, even though the Lot does not have the minimum Lot Width or the minimum Lot Area specified for the District.

Partial Use of Alley for Yard:

One-half of an Alley abutting the rear or the side of a Lot may be included in the required Rear Yard or Side Yard, respectively.

Accessory Buildings and Uses.

a.	Accessory Buildings are permitted in all Districts, but not prior to the erection of the Principal Building, except for strictly storage purposes, and not for human occupancy.
b.	No detached Accessory Building or Swimming Pool shall be located closer to a Side or Rear Lot Line than five (5) feet; nor exceed eighteen (18) feet in height, and shall be set back at least fifty (50) feet from the Building Line.
c.	Accessory Uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, fences, lamp posts, bird baths, and structures of a like nature are permitted in any required Yard, and without the issuance of any permit. Fences, latticework screens, hedges or walls, not more than seven (7) feet in height, may be located in the required Side or Rear Yard, in accordance with the provisions of paragraph B.3.b., above; and a hedge or fence, maintained so as not to exceed three and one-half (3 1/2) feet in height, may be located in any Front Yard, except that vision clearance on corner lots shall be provided. Trees, shrubs, flowers, or plants shall be permitted in any required Yard, except that Vision Clearance on Corner Lots shall be provided when required.
d.	Swimming Pool Safety Features: Access to residential swimming pools shall be restricted by one (1) of the following means:
i.	Walls or fencing not less than five (5) feet high and completely surrounding the pool and deck area, with the exception of self-closing and latching gates and doors, both capable of being locked.
ii.	Other means not less than five (5) feet high which are deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not in use.
iii.	A combination of above subdivisions i and ii that completely surrounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked.
iv.	A safety pool cover which shall be installed and maintained to:
a.	Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;
b.	Be mechanically operated by a key or key and switch, such that the cover cannot be drawn open or retracted without the use of a key;
c.	Be capable of supporting a four hundred (400) pound imposed load upon a completely drawn cover;
d.	Is installed with track, rollers, rails, guides, or other accessories necessary to accomplish subdivisions a. through c. in accordance with the manufacturer's instructions; and
e.	Bear an identification tab indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards.

Building Lines

a.	Where 25% or more of the Lots in a Block Frontage are occupied by Buildings the average setback of such Buildings determines the location of the Building Line for the Block Frontage, but the Front Yard dimension need not exceed forty (40) feet in any case, except in the C-RB and C-I2 Districts the Front Yard dimension need not exceed sixty (60) feet.
b.	Building Lines established in a recorded subdivision shall establish the setback of Buildings in such subdivisions, except when such Building Lines may be less restrictive than provided in this ordinance.
c.	On Through Lots a Building Line is required on each Street.

Tapered Yard Formula

Where an Interior Lot fronts on a side Street in the rear of a Corner Lot which interior Lot may or may not be separated from the Corner Lot by an Alley, an Accessory Building located on the Rear Lot Line of the Corner Lot shall set back from the side Street as far as the Dwelling on said Interior Lot. For each foot that such Accessory Building is placed from the Rear Lot Line toward the Front Lot Line of the Corner Lot, the Accessory Building may be set 4 inches closer to the Front Lot Line along the side Street, but in no case closer than the Building Set Back Line along the Side Street required by this Ordinance.

Building Height

In the Districts limiting Building Height to 25 feet, a Dwelling may be increased in height not to exceed 35 feet, provided that each Side Yard is increased an additional foot for each foot such Building exceeds 25 feet in Height.

Existing residences currently not in conformance with existing setback requirements

An addition may be made to a single-family or two-family residential dwelling which does not conform to existing setback requirements as established in the Zoning Ordinances provided that all of the following conditions are met, to-wit:

There will be no increase in the structure's non-conformance with the existing setback requirements. No part of a proposed addition may extend further into a required setback than that distance which the currently existing residence extends into the same setback.

No part of the existing structure or proposed addition is located within either the projected street right-of-way as established by the DeKalb County Major Street or Highway Plan Ordinance No. 3 or within the existing right-of-way of a public street or road.

The applicant and his successors in interest to said real estate agree to and shall be deemed to have waived any damage claim for damages to said addition that may arise from the expansion of any highway that would require the condemnation of the dwelling involved. Said waiver shall be in proper legal form and recorded in the DeKalb County Recorder's Office.

Section 3.

BUSINESS USES AND REQUIREMENTS

The Business Uses defined below are permitted in the Districts indicated in Figure 2, when complying with the requirements specified in Figures 2, 3, and 4, and subject to the provisions of paragraph D, herein.

A Local Business Use is one which is primarily of a retail or service nature and is specifically classified or implied in the following categories of uses:

Automobile Service - including:

a.	Filling Station
b.	Public Garage, but not including major repair or body work
c.	Public Parking Area
d.	Sales Room

Business Service - including:

a.	Bank
b.	Office Building
c.	Postal Station
d.	Telegraph Office
e.	Telephone Exchange
f.	Utility Company Business Office.

Clothing Service - including:

a.	Laundry Agency
b.	Self-service Laundry
c.	Dry Cleaning Establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than 60 lbs. using cleaning fluid which is non-explosive and non-flammable.
d.	Dressmaking
e.	Millinery
f.	Tailor and Pressing Shop
g.	Shoe Repair Shop

Equipment Service:

a.	Radio or Television Shop
b.	Electric Appliance Shop
c..	Record Shop

Food Service - including:

a.	Grocery
b.	Meat Market
c.	Supermarket
d.	Restaurant
e.	Delicatessen
f.	Cold Storage Lockers, for individual Use
g.	Bakery, provided floor area used for production shall not exceed seven hundred fifty (750) square feet.
h.	Roadside Sales Stand

Personal Service - including

a.	Barber Shop
b.	Beauty Shop
c.	Reducing Salon
d.	Photographic Studio

Retail Service, Retail Stores Generally - including:

a.	Drug Store
b.	Hardware or Paint Store
c.	Stationer
d.	Newsdealer
e.	Show Room and Sales Area for articles to be sold at retail
f.	Commercial Greenhouse not exceeding 1,000 square feet in area
g.	Apparel Shop
h.	Flower Shop
i.	Antique Shop
j.	Shoe Store
k.	Variety Store
l.	Toy Store
m.	Jewelry Store

Business Recreational Uses - including:

a.	Billiard Room
b.	Dancing Academy
c.	Tavern or Night Club, only in conformity with requirements of laws or ordinances governing such use.

Private Club or Lodge

10.

Advertising Sign or Billboard

11.

Accessory Building or Use customarily incident to the above Uses which may not have more than forty (40) percent of its floor area devoted to storage purposes, and provided that not more than five (5) persons are employed at one time or on any one shift in connection with such incidental Use.

Local Business Uses, categories 2 through 9 inclusive, and 11, shall be conducted within Buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the Building.

A Roadside Business Use is one which normally requires drive-in facilities related to a street or highway, and is primarily of a retail or service nature specifically stated or implied in the following categories:

1.	Local Business Uses
2.	Automobile, Truck or Trailer Rental and Sales Area
3.	Automobile and Truck Repair, entirely within enclosed Buildings
4.	Indoor Theater
5.	Bowling Alley or Roller Rink, entirely within enclosed Buildings
6.	Department Store
7.	Hotel or Motel
8.	Veterinary Hospital for Small Animals
9.	Kennel shall not be permitted unless a Special Exception is obtained. See Figure 9.
10.	Radio and Television Studios
11.	Newspaper Publishing
12.	Motor Bus or Railroad Passenger Station
13.	Storage Warehouse
14.	Wholesale Establishment
15.	Accessory Buildings or Use customarily incidental to the above Uses.

A General Business Use including Accessory Buildings and Uses includes the Uses, specifically stated or implied, as follows:

1.	Local Business Uses
2.	Roadside Business Uses
3.	Any Business Use not specifically stated of implied elsewhere in this ordinance
4.	Accessory Buildings or Use customarily incidental to the above Uses.

Other provisions and Requirements for Business Uses are as follows:

1.	Parking Spaces shall be provided on the Lot, or as a Special Exception within three hundred (300) feet thereof, as indicated in Figure 3.
2.	Loading and Unloading Berths shall be provided on the Lot as indicated in Figure 4.
3.	Parking Space may not be required in a block frontage contained in a Business District in which the ground floor area of Business Structures, including their Accessory Buildings, existing at the time of passage of this ordinance, equaled fifty (50) percent or more of the entire area of the Block Frontage.
4.	Groups of Uses requiring Parking Space may join in establishing Private Parking Area with capacity aggregating that required for each participating Use.
5.	One-half of an Alley abutting the rear of a Lot may be included in the Rear Yard, but such Alley space shall not be included for Loading and Unloading Berths.
6.	Where twenty-five (25%) or more of the Lots in a Block Frontage are occupied by Business Buildings, the setback of such Buildings shall determine the location of the Building Line.
7.	Loading and Unloading Berths shall not be required for Business Uses which demonstrably do not receive or transmit goods or wares by truck delivery.
8.	Parking Spaces and Accessory Uses are permitted in the required Front Yard in the C-LB, C-RB, C-GB and C-I1 Districts, on Lots where Business is located.
9.	On a through lot, front yards shall be provided on each Street in the C-LB, C-RB, C-GB and C-I1 Districts, on Lots where Business is located.
10.	On a corner lot, the Side Yard dimension shall be sixty (60) feet along the side street line in the C-RB District, and off-street parking space & accessory uses are permitted in such a side yard.
11.	Business Uses shall be conducted within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building.
12.	Business Uses shall not include open storage use on the lot, except for the temporary storage of automobiles or trailers for retail sale on a lot devoted to "Open Automobile or Trailer Sales Area" use, and for the temporary parking of vehicles in off-street parking space permitted for such use.
13.	The emission of smoke, dust, gas, fumes, odors, noise or vibrations, which is noxious or offensive, in the judgment of the Building Commissioner, beyond the confines of the building, is not permitted.
14.	The maximum Building Height requirement in Figure 2 may be increased if Buildings are set back, from front and rear property lines, one foot for each two feet of additional height above the maximum Building Height requirements.
15.	Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, distribution poles and lines, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

Section 4.

SHOPPING CENTER PLAN, REQUIREMENTS AND PROCEDURES

A Shopping Center Plan may be permitted by the Board as a Special Exception, and subject to compliance with the following requirements and procedure in accordance with Section 7.

The Local Business Uses in Section 3, also Bowling Alley or Roller Rink and Department Stores, are permitted on the tract of land proposed for a Shopping Center, provided that the proposed plan includes at least four (4) separate types of Business Uses as are specifically classified or implied in the Local Business Use categories in Section 3, and provided further that not more than one of which shall be an automobile service, as set forth in Section 3.

The tract of land proposed for a Shopping Center Plan shall be of an area of not less than four (4) acres and the tract shall have a reasonable configuration for its intended uses.

The Board may order an Improvement Location Permit issued for a Shopping Center Plan in accordance with the procedure and provisions of this ordinance and upon an affirmative finding by the Board that the following requirements have been met by the owner or owners, or developers of the tract of land proposed for a Shopping Center Plan:

A Market Analysis

a.	To determine the number, size and type of stores which could be expected to operate with a reasonable margin of profit in the proposed center.
b.	To evidence the advisability of locating the proposed center (where the developers propose to locate it) so as to serve an existing and potential customer demand.

Financial Report.

a.	To include a statement of financial responsibility which demonstrates the ability of the developer of the center to proceed with and complete construction and development.

Traffic Study

a.	To include a comparative analysis of present capacity of street(s) adjacent to the proposed center with potential capacity volumes, taking into consideration the effect the proposed center will have upon engendering additional traffic.
b.	To include a circulation plan for all streets (existing and proposed) which will show recommendations for controlling, signalizing, channelizing, storing and warning traffic.

Development Plan - to include the following additional requirements:

a.	A Plan of landscape development which shall include, among other considerations, an area of at least ten (10) feet in width along all streets, with the exception of approved entrances, which border the proposed center, to be planted and maintained with trees and shrubbery to serve as a screen for the parking area(s).
b.	A planting screen, consisting of suitable shrubbery, maintained at a six (6) foot height by six (6) foot width, to be planted wherever the proposed center would abut residential use.
c.	Provision for one off-street parking space (at least 270 square feet in area) per sixty (60) square feet of sales area in the center.
d.	No buildings or paved areas (other than access drives) may be located closer than fifty (50) feet to any area or zoned for residential purposes, in order to create a greenbelt, and such greenbelt shall be maintained as lawn together with appropriate landscape development and screen planting hereinbefore specified.
e.	An adequate number and proper arrangement of loading and unloading berths shall be shown in the development plan and provided by the developer.

Other Authority Approval

a.	Any other authority approval required when applicable such as State Board of Health, State Highway Department, etc., shall accompany the application.

Outdoor Signs and Lighting

a.	The location, effect and arrangement of all outdoor advertising signs proposed to be erected shall be subject to the approval of the Board.

Architectural Control

Architectural plans of the building and structures proposed to be constructed shall be subject to the approval of the Board. The Board's approval shall be based on the architectural plans creating a unified design which will be in character and proper relationship to the surrounding areas, provided that the plans need not be detailed, but complete enough for the Board to render a judgment.

Section 5.

INDUSTRIAL USES AND REQUIREMENTS

The Industrial Uses defined below, including Accessory Buildings and Uses, are permitted in the Districts indicated in Figure 5, in accordance with the requirements of this section.

No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically licensed by the Board of County Commissioners, and then only in the C-I1 District. Such activity shall be conducted in accordance with the rules promulgated by the Indiana State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, HMX, PETN, and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

The restrictions of this Section shall not apply to (1) the activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the Lot Line; (2) the operation of motor vehicles or other facilities for the transportation of personnel, materials or products; (3) conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; (4) safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

An Enclosed Industrial Use is one which is conducted entirely within enclosed Buildings of any size provided they meet the yard requirements and conform to the standards in Paragraph C, below.

An Open Industrial Use is one which requires both buildings and open area for manufacturing, fabricating, processing extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes; and land and/or buildings in Districts permitting an Open Industrial Use; and shall be used so as to comply to the standards in Paragraph C.

Standards for Enclosed and Open Industrial Uses.

Smoke - For Enclosed Industrial Use the emission of more than seventy (70) smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited, except that for one (1) hour during any twenty-four (24) hour period, this rate may be increased to eighty (80) smoke units per stack up to and including Ringelmann No. 3 for the purging, soot blowing and fire cleaning.

For Open Industrial Use the emission of more than ninety (90) smoke units per hour per stack and emission in excess of Ringelmann No. 3 are prohibited, except that for a one (1) hour period during the twenty-four (24) this rate may be increased to one hundred twenty (120) smoke units per hour per stack, still at Ringelmann No. 3, for purposes of process purging, soot blowing and fire cleaning.

Particulate Matter - The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds per 1,000 pounds of effluent gas for Enclosed Industrial Use, nor 0.2 pounds per 1,000 pounds of effluent gas for Open Industrial Use. For Enclosed Industrial Use and Open Industrial Use not more than fifty percent (50%) by weight of particles larger than 44 microns (325) mesh shall be allowed.

Odor - Any Enclosed or Open Industrial Use activity or operation which releases odors to the atmosphere shall be so controlled as to insure that it will produce no public nuisance or hazard at or beyond the nearest Residence or Suburban District boundary line.

Poisonous and Injurious Fumes and Gases - The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following:

The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes and gases in excess of ten percent (10%) for an Enclosed Industrial Use, and twenty-five (25%) for an Open Industrial Use, of the threshold limit as set for the fume or gas in question in the "Threshold Limit Values for Toxic Materials in Industry" issued by the Indiana State Board of Health, from the American Conference of Government Hygienists, latest issue.

The emission of any gas or fumes across lot lines in such concentrations as to be detrimental to or endanger public health, safety, comfort and welfare or shall cause injury or damage to property or business is prohibited.

Glare and Heat - No Enclosed or Open Industrial Use operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any Residence, Suburban or Business District boundary.

Vibration - Any Enclosed or Open Industrial Use creating intense earth-shaking vibrations such as are created by a heavy drop forge shall be set back from a Residence or Suburban District boundary at least two hundred fifty (250) feet, or at least one hundred fifty (150) feet, from a business District boundary.

Earth-shaking vibrations at the industrial property line shall not be in violation of this ordinance as long as the vibration is not perceptible without the aid of instruments.

Noise - At no point 125 feet from the boundary of an I-2 District, or any District which permits an Enclosed Industrial Use, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this ordinance) exceed the decibel limits in the octave bands designated herein:

ENCLOSED INDUSTRIAL USE

	Maximum Permitted	Maximum Permitted
	Sound Level	Sound Level
	(In Decibels)	(In Decibels)
	125 Feet From	125 Feet From
Octave Band	District Adjoining	From District Adjoining
Frequency	Residence or	Business District
Boundaries	Suburban District
(Cycles Per Second)
0 to 75	75	80
75 to 150	70	75
150 to 300	65	70
300 to 600	59	64
600 to 1200	53	58
1200 to 4800	48	53
2400 to 4800	48	49
Above 4800	41	46

OPEN INDUSTRIAL USE

	Maximum Permitted	Maximum Permitted
	Sound Level	Sound Level
	(In Decibels)	(In Decibels)
	125 Feet From	125 Feet From
Octave Band	District Adjoining	From DistrictAdjoining
Frequency	Residence or	Business District
Boundaries	Suburban District
(Cycles Per Second)
0 to 75	75	81
75 to 150	70	76
150 to 300	66	72
300 to 600	62	68
600 to 1200	57	63
1200 to 2400	53	59
2400 to 4800	49	55
Above 4800	45	51

Sound levels shall be measured with a sound level meter and associated octave band analyzer or filter, manufactured in compliance with standards prescribed by the American Standards Association.

Fire Hazards - The storage, utilization or manufacture of solid materials, or products ranging from incombustible to oderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met:

For Enclosed Industrial Use and Open Industrial Use said materials shall be stored, utilized or manufactured in such a manner and protected by such means as approved by the Indiana State Fire Marshal.

For Enclosed Industrial Use and Open Industrial Use, the storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted in accordance with and said use shall comply with the Flammable and Combustible Liquids Code of 1977 published by the National Fire Protection Association, 470 Atlantic Avenue, Boston Massachusetts 02210 and all subsequent amendments thereto. Set-back requirements depending upon capacity of tank and class of flammable liquids shall be as prescribed in said Code.

Other Provisions and Requirements for Enclosed Industrial Use and Open Industrial Use are as follows:

1.	Each Use shall provide one Parking Space for each 2 employees, on combined employment of the two largest successive shifts, located on the same lot as the Use, or as a Special Exception within three hundred (300) feet thereof.
2.	Groups of Uses requiring Parking Space may join in establishing a Private Parking Area with capacity aggregating that required for each participating Use.
3.	Each Use shall provide Loading and Unloading Berths, located on the same Lot as the Use, as specified in Figure 5.
4.	The disposal of wastes discharged into public streams and sewage systems shall meet the requirements of the Stream Pollution Control Law of the State of Indiana (Chapter 214, Acts of 1943, as amended).
5.	One-half of an Alley abutting the rear of a Lot may be included in the Rear Yard, but such alley space shall not be included for Loading and Unloading Berths.
6.	In all Districts permitting Enclosed Industrial Use or Open Industrial Use, it is permissible to erect more than one Principal Building devoted to Enclosed Industrial Use or Open Industrial Use on a Lot.
7.	Buildings may be erected higher than the normal maximum height of seventy-five (75) feet in the C-I1 and C-I2 Districts, provided that Buildings shall be set back from the required side yard lines and rear yard lines one (1) foot for each two (2) feet of height above forty-five (45) feet.
8.	Chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, power transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

Section 6.

CONTINGENT USES AND REQUIREMENTS

Contingent Uses defined herein, including Accessory Buildings and Uses, are permitted in the Districts indicated in Figure 7, subject to the provisions herein.

A Contingent Use is one which is likely or liable, but not certain, to occur and which is not inappropriate to the principal Uses of the District in which it may be located. When so located it shall conform to the requirements of the District in which the Contingent Use is permitted, except that the number of Parking Spaces to be provided shall conform to the requirements of Figure 7. The required number of Parking Spaces shall be provided on the same Lot with the Use, or as a Special Exception within three hundred (300) feet thereof.

The Building Height for Contingent Uses shall be as provided in Figure 8.

Other Provisions and Requirements for Contingent Uses are as follows:

The Building Height requirements in Figure 8 may be increased if Buildings are set back from front and rear property lines, one foot for each two feet of

additional height above the Building Height requirement.

In all Districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, power transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

A church or temple requiring Private Parking Area at times when nearby Uses do not need their parking facilities, may by agreement approved by the Board, utilize such facilities in lieu of providing their own private parking facilities.

In C-RS and C-I2 Districts only one Outdoor Advertising Structure or Sign as defined and regulated herein shall be permitted on a Lot or tract of land having a frontage of one thousand (1000) feet or less. One additional Outdoor Advertising Structure or Sign shall be permitted for each additional one thousand (1000) feet of frontage, and signs shall not be closer together than one thousand (1000) feet along the frontage on each side of a highway even though individual ownerships shall have less than one thousand (1000) feet of frontage. An Improvement Location Permit shall be issued by the Building Commissioner for Outdoor Advertising Structures or Signs in Districts, where permitted to be built, up to the established Front Yard or Building Line or existing front yard or building line, whichever is closer to the right-of-way. Such permit shall require the relocation or removal of the sign or structure within sixty (60) days notice by the Building Commissioner that the land upon which said Structure or Sign is located is to be used for residential occupancy within 100 feet of the Sign or Structure or the plat of such land is recorded as a residential subdivision, and provided further that no Outdoor Advertising Structure or Sign may be located closer than one hundred (100) feet to an adjacent residential structure without the written consent of the owner of such residential structure; and provided further that no such Outdoor Advertising Structure or Sign shall be erected opposite a residence closer than seventy-five (75) feet from a line drawn at right angles to the center line of such residence without first giving the owner or owners of such residence thirty (30) days written notice or without first obtaining the written consent of such owner or owners.

Home Occupation - Basic Requirements:

a.	The home occupation shall be carried on entirely in the dwelling.
b.	No person other than occupants of the dwelling shall be employed in the home occupation use.
c.	Not more than 500 square feet of total floor area shall be devoted to home occupation in any dwelling. Multiple home occupations are permitted in a dwelling but are limited to an aggregate total of 500 square feet of floor area.
d.	Articles sold or offered for sale shall be limited to those produced in the dwelling.
e.	There shall be no exterior display, no exterior sign other than a nameplate no larger than six (6) square feet attached to the dwelling, no exterior storage of materials and no other exterior indication of the home occupation or variation of the residential character of the principal building.
f.	No offensive noise, vibration, smoke or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects shall be produced.
g.	A home occupation includes, but is not limited to, the following:

Artist's studio

Dressmaking

Professional office of a medical or osteopathic physician, dentist, podiatrist, chiropodist, lawyer, engineer, architect or accountant.

Teaching, with musical instruction limited to a single pupil at a time.

Barbering or Hairdressing

An Existing Use which is included herein as a Contingent Use, and which is located in a District in which such Contingent Use is permitted, is a conforming Use. Any expansion of such Contingent Use involving the enlargement of the Buildings, Structures and land area devoted to such Use shall be subject to the requirements of this Ordinance.

Section 7.

SPECIAL EXCEPTIONS, REQUIREMENTS AND PROCEDURE

The Special Exceptions listed in Figure 9 and their Accessory Buildings and Uses may be permitted by the Board in the Districts indicated therein, in accordance with the procedure set forth in this Ordinance and the requirements listed in Figure 9.

Special Exceptions are uses publicly or municipally operated and those uses traditionally affected with a public interest and those uses entirely private in character but of such an unusual nature that their operation may give use to unique problems with respect to their impact upon neighboring property and public facilities.

Upon receipt of an application for an Improvement Location Permit for a Special Exception the Building Commissioner shall refer the application to the Board for a public hearing. A copy of each application shall be referred concurrently to the Commission.

Upon such hearing, if the Board finds that:

1.	There is a public necessity for the Special Exception at the proposed location;
2.	The establishment, maintenance, or operation of the Special Exception will not be detrimental to or endanger the public health, safety, morals, or general welfare;
3.	The Special Exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood;
4.	The establishment of the Special Exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District;
5.	Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
6.	Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
7.	The Special Exception will be located in a District where such use is permitted and that all other requirements set forth in Figure 9, applicable to such Special Exception, will be met; the Board shall direct the Building Commissioner to issue the Improvement Location Permit for such Special Exception, otherwise the Board shall direct the Building Commissioner to reject the application. The findings of the Board and its order to the Building Commissioner shall be in writing.

The holder of an Improvement Location Permit for a Special Exception may apply to the Board at any time for an alteration, change, amendment or extension of the Development Plan upon which the Special Exception is based.

Any Person, to whom is issued an Improvement Location Permit for a Special Exception who fails to commence construction within twelve (12) months after such permit is issued, or who fails to carry to completion the total Development Plan thereof within three (3) years after such construction is begun, whichever is later, or who fails to conform to the provisions of the Development Plan and supporting data finally approved by the Board and upon the basis of which such Improvement Location Permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any Person deeming himself aggrieved, to show cause why such approval should not be withdrawn and such Improvement Location Permit revoked.

The Board may impose additional requirements or conditions for a Special Exception Use set forth in Figure 9, herein, if, in the Board's judgment, additional requirements or conditions are necessary for the protection of the public health, and for reasons of safety, comfort and convenience.

Section 8.

NONCONFORMING USE SPECIFICATIONS

The lawful use of a Building or premises, existing at the time of passage of this ordinance, may be continued although such Use does not conform to all the provisions of this ordinance, subject to the following conditions.

A.	A Nonconforming Use may be extended throughout a Building provided the size of the Structure is not increased. Any non-conforming open use of land shall not be extended beyond the physical boundaries of that in actual use existing at the time of the passing of this amendment to this ordinance.
B.	A Nonconforming Use may be changed to another Nonconforming Use of the same or greater restrictions, provided the size of the structure is not increased.
C.	Whenever a Nonconforming Use has been changed to a Conforming Use or to a Use permitted in a District of greater restrictions, it shall not thereafter be changed to a Nonconforming Use of a less restricted District.
D.	No Building shall be erected upon any premises devoted to a Nonconforming Use, except in conformance with the provisions of this ordinance.
E.	The Board may authorize, by written permit, in a District permitting Residential Use, for a period of not more than one (1) year from the date of such permit, a temporary Building for Business or Industrial Use incidental to the residential construction and development of said District.
F.	Nothing herein contained shall require any change in the plans, construction or designated Use of a Building for which a Building Permit or Improvement Location Permit has been heretofore issued, and the construction of which has been diligently prosecuted within ninety (90) days of the date of such permit, and which entire Building shall be completed according to such plans as filed within three (3) years from the date of passage of this ordinance.
G.	In the event that a Nonconforming Use of any Building or premises is discontinued for a period of two (2) years, the use of the same shall thereafter conform to the Uses permitted in the District in which it is located.
H.	Any Nonconforming Open Use of land such as a junk yard or automobile wrecking or salvage yard shall be discontinued within five (5) years from the date of passage of this ordinance.
I.	These provisions apply in the same manner to a Use which may become a Nonconforming Use as a result of an amendment to this ordinance.

Section 9.

ADMINISTRATION

The Building Commissioner is hereby designated and authorized to enforce this ordinance.

Any Person, who shall make application for an Improvement Location Permit, shall, at the time of making such application furnish a site plan or Development Plan of the real estate upon which said application for an Improvement Location Permit is made at least five (5) days prior to the issuance of said Improvement Location Permit, which five (5) days period may be waived. Said site plan shall be drawn to scale showing the following items:

1.	Legal or site description of the real estate involved.
2.	Location and size of all Buildings and Structures.
3.	Width and length of all entrances and exits to and from said real estate.
4.	All adjacent and adjoining roads or highways.

An application for an Improvement Location Permit for any Use subject to the provisions of Section 5 of this ordinance shall be accompanied by a "Certificate of Compliance" subscribed by a registered professional engineer or architect, certifying that the Use intended will satisfy the performance standards of the Light Industrial Use or Industrial Use, as the case may be, and in the District in which it is to be located. The Building Commissioner may take ten (10) days in which to study the application, during which time he may consult with appropriate technical consultants. If, after the ten (10) day period, the Building Commissioner has not required any additional information or stated any objections in writing, the Building Commissioner shall issue the Improvement Location Permit.

Site Plans so furnished shall be filed and shall become a permanent public record.

The Building Commissioner shall issue an Improvement Location Permit for a Special Exception only following receipt of notice from the Board that the application therefor has been approved by the Board.

No land shall be occupied or used and no Building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a Certificate of Occupancy shall have been issued stating that the Building and Use comply with all of the provisions of this ordinance applicable to the Building or premises or the Use in the District in which it is to be located.

When the improvement covered by the Improvement Location Permit has been completed in substantial conformity with the site plan or development plan submitted in the application pursuant to Paragraph A. of this Section, a Certificate of Occupancy shall then be issued.

No change shall be made in the Use of land (except an Agricultural Use) or in the Use of any Building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a Certificate of Occupancy having been issued and no such certificate shall be issued to make such change unless it is in conformity with the provisions of this ordinance.

A Certificate of Occupancy shall be applied for coincidentally with the application for an Improvement Location Permit and shall be issued within ten (10) days after the lawful erection, reconstruction or structural alteration of such building or other improvement of the land shall have been completed.

A record of all Certificates of Occupancy shall be kept on file in the office of the Building Commissioner and copies shall be furnished upon request to any Person having a proprietary or tenancy interest in the Building or land affected.

No Improvement Location Permit shall be issued for excavation for or the erection, reconstruction or structural alteration of any Building, before application has been made for a Certificate of Occupancy.

An application for an Improvement Location Permit for a dwelling shall not be approved until it has been ascertained by the Building Commissioner that the proposed use meets the minimum standards for a sewage disposal system as required by the DeKalb County Health Officer, pursuant to county ordinance or state law.

An application for an Improvement Location Permit shall not be approved until it has been ascertained by the Building Commissioner that the applicant has obtained a driveway permit from the Superintendent of Highways of DeKalb County, who shall not issue said driveway permit until the proposed use meets the tile and driveway pipe installation requirements pursuant to the DeKalb County Ordinance adopted by the County Commissioners which established said specifications

Section 10.

BOARD OF ZONING APPEALS

A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with Sections 66 to 69 inclusive of Chapter 174 of the Acts of Indiana General Assembly of 1947 and all acts now or hereafter amendatory thereto.

At the first meeting of each year, the Board shall elect a Chairman and a Vice-Chairman from among its members, and it may appoint and fix the compensation of a Secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the legislative authority.

he Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this ordinance.

All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings, and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Board and shall be a public record.

Any decision of the Building Commissioner in enforcement of this ordinance may be appealed to the Board by any person claiming to be adversely affected by such decision.

The Board shall have the following powers and it shall be its duty to:

1.	Hear and determine appeals from and review any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this ordinance.
2.	Permit and authorize exceptions to the District regulations only in the classes of cases or in particular situations as specified in the ordinance.
3.	Hear and decide on permits for Special Exceptions, Development Plans or other Uses upon which the Board is required to act under this ordinance.
4.	Authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done.

In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the Building Commissioner from whom the appeal is taken.

Every decision of the Board shall be subject to review by certiorari.

No variance in the application of the provisions of this ordinance shall be made by the Board relating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the Board shall find:

1.	That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district.
2.	That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question.
3.	That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.
4.	That the granting of such variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements or increase the congestion in the public streets.

Section 11.

GENERAL PROVISIONS

SHORT TITLE. This ordinance, and ordinances supplemental or amendatory thereto shall be known, and may be cited hereafter as the "Zoning Ordinance of DeKalb County, Indiana, 1964"

INTERPRETATION. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare. The DeKalb County Plan Commission has given consideration to the existing and future probable Use of land in the territory affected by this ordinance, and has prepared a Comprehensive Land Use Plan showing the future development of this area, which has served as a guide in the preparation of this ordinance.

NON-INTERFERENCE WITH GREATER RESTRICTIONS OTHERWISE IMPOSED. It is not intended by this ordinance to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; nor any ordinances, rules, regulations or permits previously adopted or issued, or which shall be adopted or issued and which are not in conflict with any of the provisions of this ordinance; except that, where this ordinance imposes a greater restriction upon the Use of Buildings or Land, or upon the Height of Buildings, or requires larger open spaces or greater Lot Area Per Family, than are required or imposed by such easements, covenants, or agreements between parties, or by such ordinance, rules, regulations or permits, the provisions of this ordinance shall control.

DETERMINATION AND INTERPRETATION OF DISTRICT BOUNDARIES

In determining the boundaries of Districts, and establishing the provisions applicable to each District, due and careful consideration has been given to existing conditions, the character of Buildings erected in each District the most desirable Use for which the land in each District may be adapted, and the conservation of property values throughout the County.

Where uncertainly exists as to the exact boundaries of any District as shown on the Zone Map, the following rules shall apply:

1.	In unsubdivided areas, or where a District boundary subdivides a Lot, the exact location of the boundary shall be determined by use of the scale of the Zone Map.
2.	In the case of further uncertainty, the Board shall interpret the intent of the Zone Map as to the location of the boundary in question.

PROCEDURE RELATING TO VACATED AREAS. Whenever any Street, Place, Alley, Public Way, Railroad Right-of-Way, Water Way, or other similar area is vacated by proper authority, the Districts adjoining each side of such Street, Alley, Public Way, Railroad Right-of-Way, or similar area shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate provisions of the extended Districts. In the event of a partial vacation, the adjoining District, or District nearest the portion vacated, shall be extended automatically to include all of the vacated area.

USE. No building or land shall be used and no Building shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a Use which is permitted and specified in a District in which such Building or land is located.

HEIGHT. No Building shall be erected, reconstructed or structurally altered to exceed in height the limits established and specified for the Use and the District in which such Building is located.

YARD, LOT AREA AND SIZE OF BUILDING. No Building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the Yards, Lot area per Family, Ground Floor Area of Dwellings, or Lot Coverage provisions established and specified for the Use and the District in which such Building is located.

LOTS. Every Building hereafter erected shall be located on a Lot. In no case shall there be more than one Principal Building used for residential purposes, and its Accessory Buildings, located on one Lot.

PARKING SPACE: LOADING AND UNLOADING BERTHS. For each Building hereafter erected and for certain other uses of land, Parking Spaces for motor vehicles and Loading and Unloading Berths as specified for the Use to which such Building or Land is to be devoted shall be provided, except that Parking Spaces may not be required for Business or Industrial Uses to be established in Blocks where 50% or more of the area was occupied by such Uses at the time of passage of this ordinance, but it is the intent of this ordinance to encourage the establishment of adequate parking spaces wherever normally required by this ordinance.

FILING FEES. Applications and petitions filed pursuant to the provisions of this ordinance shall be accompanied by the filing fees hereinafter specified.

1.	For each application for a Certificate of Occupancy	$5.00
2.	For each petition for an appeal from the Building Commissioners decision to the Board of Appeals	$30.00
3.	For each petition for a Vacation	$25.00
4.	For each petition for a Variance	$30.00
5.	For each petition for a Special Exception for Dependent Parent Housing and Home Workshop	$50.00
6.	For each petition for an Amendment to a previously approved Special Exception	$100.00
7.	For each petition for a Special Exception for a Shopping Center	$400.00
8.	For each petition for all other Special Exceptions, listed under Ordinance #1, Figure 9, which are not referenced under 5, 6, or 7 above	$200.00
9.	For each petition for a Zoning Ordinance Amendment	$50.00
10.	For each petition for a Simple Division of Land (One (1) Lot Subdivision)	$50.00
11.	For each petition for a Subdivision of two (2) lots	$200.00
12.	For each petition for a Subdivision of over two (2) lots	$200.00 for the first two (2) lots plus $10.00 for each lot over two (2).
13.	For each petition for a Development Plan Approval	$200.00
14.	In event a Special Meeting for any purpose is requested by an applicant, before either the Plan Commission or Board of Zoning Appeals, and either the Plan Commission or Board in its respective discretion grant such a Special Meeting which would otherwise not have been necessitated, the applicant requesting said Special Meeting shall pay an additional fee of four hundred dollars ($400.00) payable in advance of the date of said Special Meeting.
15.	Except for the fee for a Certificate of Occupancy, no part of any filing fee paid pursuant to this Section shall be returnable to the applicant or petitioner.
16.	After the approval of one simple division from a base tract, any further division of land shall be considered a multiple lot subdivision for purposes of calculating the filing fee herein.

REMEDIES AND PENALTIES

a.	The Commission, the Board, the Building Commissioner, or any designated enforcement official or any person or persons, firm or corporation, jointly or severally aggrieved, may institute a suit for injunction in the Circuit Court of DeKalb County to restrain an individual or a governmental unit from violating the provisions of this ordinance.
b.	The Commission or the Board may also institute a suit for mandatory injunction directing any individual, a corporation or a governmental unit to remove a structure erected in violation of the provisions of this ordinance.
c.	Any building, erected, raised, or onverted, or land or premises used in violation of any provisions of this ordinance or the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
d.	Any person or corporation, whether as principal agent, employee or otherwise, who violates any of the provisions of this ordinance shall be guilty of a Class C infraction and upon conviction shall be fined in an amount not more than five hundred dollars ($500.00) as provided in Indiana Code 35-5-4-4, for each offense.
e.	Any person, firm, or corporation, whether as principal agent, employee, or otherwise, who violates any of the provisions of this ordinance shall be liable for a civil ordinance violation penalty of $100.00. Each day of continued violation shall be considered a separate violation subject to $100 a day penalty until corrected. The penalties herein shall not exceed $2500 in aggregate. Said penalty may be collected in any suit by the Plan Commission, the Board of Zoning Appeals, or the Building Commissioner in any action against a violator of any provision of this ordinance.

AMENDMENTS. All amendments to this ordinance shall be in conformance with Sections 64 and 37 to 42 inclusive of Chapter 174 of the Acts of the Indiana General Assembly of 1949, and all Acts amendatory thereto.

INVALIDITY OF PORTIONS. Should any section or provision of this ordinance be declared, by a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof, other than the portion so declared to be invalid.

FARMS, EXEMPT. Land, farm houses, farm barns, farm outbuildings or other buildings, structures or erections which are adapted, by reason of nature and area, for use for agricultural purposes as a primary means of livelihood, while so used, shall not be affected by restrictions or regulations of this ordinance.

PUBLIC UTILITY INSTALLATIONS EXEMPT. Structures and land used for Public Utility installations so defined herein, while so used, shall not be affected by restrictions or regulations of this ordinance; provided however, that power substations, terminal facilities and treatment or processing plants are Contingent Uses and are subject to the provisions of this ordinance.

MINERAL EXTRACTION EXEMPT. Nothing herein shall prevent, outside of urban areas, the complete Use and alienation of any mineral resources or forests by the owner or alienee thereof. For the purpose of this paragraph, urban area shall include any land, or Lots used for residential purposes where there are eight (8) or more residences within one quarter (1/4) mile square area and such other lands or Lots as have been or are planned for residential areas contiguous to incorporated cities or towns.

Section 12.

SPECIFICATIONS AND DEFINITIONS

The following Figures which include specifications and definitions are hereby declared to be a part of this ordinance:

Figure l.	Residential Uses and Requirements
Figure 2.	Business Uses and Requirements
Figure 3.	Business Uses - Loading and Unloading Berths Required
Figure 4.	Business Uses - Parking Spaces Required
Figure 5.	Industrial Uses and Requirements
Figure 6.	Industrial Uses - Loading and Unloading Berths Required
Figure 7.	Contingent Uses and Requirements
Figure 8.	Contingent Uses - Maximum Height
Figure 9.	Sheets 1, 2 and 3 of 3. Special Exceptions and Requirements
Figure 10.	Identification
Figure 11.	Sheets 1,2,3,4 and 5 of 5. Definitions.

Section 13.

WHEN EFFECTIVE. This ordinance shall take effect after its passage and approval of the Board of County Commissioners.

Passed by the Board of County Commissioners of the County of DeKalb, Indiana, this 21st day of December, 1964.

Chapter 3
Manufactured Homes in Corunna

36-1-3

Manufactured Homes in Corunna. AN ORDINANCE AMENDING THE MASTER PLAN OF DEKALB COUNTY, INDIANA, ORDINANCE NO. 8, SECTION 10, ORDINANCE NO. 218

Section 10-101	Intent
Section 10-102	Definitions
Section 10-103	Permitted Placement; Permit Required
Section 10-104	Structural Alteration Approval Required
Section 10-105	Appeal
Section 10-106	Effective Date
Section 10-101	Intent

The intent of this chapter is to encourage, within the Town of Corunna, Indiana, provisions for alternative modest income housing in general residential areas by permitting the use of certain manufactured homes, as defined herein, in all districts in which similar dwellings constructed on-site are permitted, subject to the requirements set forth herein to assure acceptable similarity in exterior appearance between such manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lots in the same district.

Section 10-102

Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"EXPANDO ROOM" - An expandable manufactured housing unit.

"HOUSE TRAILER" - Any transportable structure used as a place of abode which is not a "Manufactured Home" nor a "Mobile Home" as those two terms are defined in this Ordinance No. 218.

"MANUFACTURED HOME" - A dwelling unit fabricated on or after January 1, 1981, in an off-site manufacturing facility or installation or assembly at the building site,bearing a seal certifying that it is built in compliance with the federal ManufacturedHousing Construction and Safety Standards Codes or I.C. 22-11-1-1.5, 22-11-1-3,22-11-1-5, 22-11-1-8 through 22-11-1-10, 22-11-1-13, and 22-11-1-21.5 as promulgated by the Indiana Department of Fire Prevention and Building Safety.

"MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE" - Title IV of the 1974 Housing and Community Development Act (42U.S.C.5401 et sec.) as amended (previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder, which includes H.U.D. approved information supplied by the home manufacturer, andregulations and interpretations of the code by the Indiana Department of Fire Prevention and Building Safety.

"MOBILE HOME" - A transportable structure built prior to January 1, 1981, larger than six hundred (600) square feet, designed to be used as a year-round residential dwelling, with no tongues and no wheels, taxes as part of the real estate by the DeKalb County Assessor's Office, and anchored to a permanent foundation.

"ONE- AND TWO-FAMILY DWELLING CODE OF THE STATE OF INDIANA" - The mandatory statewide building code adopted by the Indiana Department of Fire Prevention and Building Safety for one- and two-family residential dwellings.

"PUBLIC LAW 360, ACTS OF 1971" - Enabling legislation requiring the Indiana Department of Fire Prevention and Building Safety to adopt rules and regulations for the construction, repair, or maintenance of factory constructed one- and two-family residential dwellings.

Section 10-103

Permitted Placement; Permit Required

(A)

Permitted Placement

(1)

Subject to the provisions of this Ordinance No. 218, the establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in the Town of Corunna in districts as allowed by the DeKalb County Zoning Ordinance.

(2)

Placement of a manufactured home in the Town of Corunna, Indiana, shall be subject to requirements and limitations applying generally to residential use under the DeKalb County Zoning Ordinance, provided the homes shall also meet the following requirements and limitations.

(a)	The home shall meet all requirements applicable to single-family dwellings and possess all necessary improvement location, building, and occupancy permits and other certifications required by the applicable governmental agencies.
(b)	The home shall be equal to or larger than nine hundred twenty-four (924) square feet of occupied space and shall be at least fourteen (14) feet in width.
(c)	The home shall be attached and anchored to a permanent cement foundation in conformance with the regulations in the Indiana One- and Two-family Dwelling Code and with manufacturer's installation specifications.
(d)	The home shall be covered with an exterior material customarily use on site-built residential dwellings, and the material shall extend over the top of the foundation.
(e)	The home shall have a roof composed of a material customarily used on site-built residential dwellings, which shall be installed onto a surface appropriately pitched for the materials used.
(f)	The home shall have been constructed after January 1, 1981.
(g)	Any manufactured home or mobile home, which was situated in the Town of Corunna prior to the adoption of Ordinance No. 218 and which had been granted a valid occupancy permit prior to the adoption of Ordinance No. 218, shall be exempt from this Ordinance.

(3)

Placement of a mobile home shall be permitted only by complying with both of the following requirements and limitations:

(a)	The mobile home as defined herein complies with Section 103 (A) (2) (c) and Section 103 (A) (2) (d) herein. Any mobile home now situated in the Town of Corunna shall have until September 30, 1988 to comply.
(b)	Either the mobile home is located in a duly approved mobile home park or, in the alternative, shall meet these three (3) requirements:

(b.1)

The mobile home was situated in the Town of Corunna prior to the adoption of this Ordinance No. 218, and

(b.2)

Prior to the adoption of this Ordinance No. 218, the mobile home has been granted a duly signed and approved valid occupancy permit by the DeKalb County Building Commissioner, and

(b.3)

The mobile home shall comply with Town of Corunna Ordinances 86-2 and 86-3 on or before June 30, 1988.

(4)

Placement of a house trailer as defined herein shall be allowed in the Town of Corunna only in a state approved mobile home park approved by the DeKalb County Board of Zoning Appeals under this ordinance, and a house trailer shall not otherwise be allowed in the Town of Corunna.

(B)	Permit Required

(1)

Manufactured homes shall be permitted within the Town of Corunna only after receiving an Improvement Location Permit and a Building Permit.

(2)

A mobile home park shall be permitted if they have been approved by the applicable agencies of the State of Indiana and the DeKalb County Board of Zoning Appeals under the DeKalb County Zoning Ordinance and the Indiana State Statutes and Regulations for a mobile home park.

Section 10-104

Structural Alteration Approval Required

Due to its integral design, any structural alteration or modification of a manufactured or mobile home after it is placed on the site must be approved by the DeKalb County Planning Commissioner

Section 10-105

Appeal

An action to review any order, requirement, decision, or determination made by an administrative official or board charged with enforcement of the zoning ordinance shall be pursuant to I.C. 36-7-4-918.1.

Section 10-106

Effective Date

This ordinance shall take effect after its passage and approval of the DeKalb County Commissioners.

(ZO No. 218, passed March 7, 1988)

ARTICLE 2
IMPROVEMENT LOCATION PERMIT ORDINANCE

36-2

Improvement Location Permit Ordinance. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF IMPROVEMENT LOCATION PERMITS IN THE UNINCORPORATED TERRITORY OF DEKALB COUNTY, INDIANA, AND IN THE TERRITORY COMPRISING THE TOWN OF CORUNNA, INDIANA, AND PROVIDING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS, AS A PART OF THE MASTER PLAN FOR THE COUNTY OF DEKALB, INDIANA.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA, UNDER AUTHORITY OF CHAPTER 174, ACTS OF 1947, AND ALL ACTS AMENDATORY THERETO, GENERAL ASSEMBLY OF THE STATE OF INDIANA.

Section 1.

Within the unincorporated territory under the jurisdiction of the DeKalb County Plan Commission, and within the territory comprising the Town of Corunna, Indiana, no structure, improvement, or use of land may be altered, changed, placed, erected or located on platted or unplatted lands, unless the structure, improvement or use, and its location, conform with the Master Plan and Ordinance of DeKalb County, and an Improvement Location Permit for such structure, improvement or use has been issued. It is hereby declared that the intent of the permit requirements of this Ordinance shall not prevail with respect to a structure including a dwelling which is clearly incidental to agricultural operations.

Section 2.

The Building Commissioner of DeKalb County shall issue an Improvement Location Permit, upon written application, when the proposed structure, improvement or use and its location, conform in all respects to the Master Plan for DeKalb County.

Section 3.

Every application for an Improvement Location Permit shall be accompanied by a site plan, drawn to scale, showing the location of the structure, improvement, or use to be altered, changed, placed, erected, or located, the dimensions of the lot to be improved, the size of yards and open spaces, existing and proposed streets and alleys adjoining or within the lot, and the manner in which the location is to be improved. Application for an Improvement Location Permit shall be accompanied by a fee as indicated by the following schedule:

For one family residential dwelling	$10.00
For accessory building	$10.00
For addition to existing one family residential	$10.00

dwelling or accessory building

For new or addition to business or factory $50.00 for first 5,000 structure square feet of bldg. area plus $.01 per sq. ft. additional square floor of area. Not to exceed $200.00.

For farm pond	$15.00
For all others	$20.00

In the event an applicant for an Improvement Location Permit is in violation of any provision of this ordinance at the time of application for an Improvement Location Permit, then the fee shall be double that hereinabove provided for the respective type of permit.

The existing provisions of Ordinance No. 2, Section 3 shall remain in full force and effect as already provided by amendment passed October 27, 1975.

Section 4.

Any decision of the Building Commissioner of DeKalb County concerning the issuance of an Improvement Location Permit may be appealed to the DeKalb County Board of Zoning Appeals when the decision in question involves a requirement of the "Zoning Ordinance of DeKalb County, Indiana, 1964", or to the DeKalb County Plan Commission when the decision in question involves the requirements of other parts of the Master Plan, by any person claiming to be adversely affected by such decision.

Section 5.

A decision of the DeKalb County Plan Commission may be reviewed by certiorari procedures as provided for the appeal of zoning cases from the DeKalb County Board of Zoning Appeals.

Section 6.

Action on the violation of any provision of this Ordinance and the right of injunction against such violation shall be provided by Chapter 174, Acts of 1947, and all acts amendatory thereto, General Assembly of the State of Indiana. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a Class C infraction, and upon conviction, shall be fined in an amount not more than five hundred dollars ($500.00), as provided in Indiana Code 35-5-4-4, for each offense.

Section 7.

This Ordinance shall be in full effect from and after its passage.

(NO No. 2, passed December 21, 1964)

ARTICLE 3
MAJOR STREET OR HIGHWAY PLAN ORDINANCE

36-3

Major Street or Highway Plan Ordinance. AN ORDINANCE ESTABLISHING A MAJOR STREET OR HIGHWAY PLAN TO PROMOTE THE ORDERLY DEVELOPMENT OF DEKALB COUNTY, INDIANA, TO IMPROVE THE HEALTH, SAFETY, CONVENIENCE AND WELFARE OF ITS RESIDENTS; TO THE END THAT THE HIGHWAY SYSTEM BE CAREFULLY PLANNED; THAT NEW COMMUNITY CENTERS GROW ONLY WITH ADEQUATE HIGHWAY FACILITIES; THAT THE NEED

TITLE 36 ZONING

ARTICLE 1 COUNTY PLAN COMMISSION CREATED AND ESTABLISHED

Chapter 1 Land Use Plan

Chapter 2 Ordinance of the Master Plan

Chapter 3 Manufactured Homes in Corunna

ARTICLE 2 IMPROVEMENT LOCATION PERMIT ORDINANCE