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TITLE 36
ZONING

ARTICLE 1
COUNTY PLAN COMMISSION CREATED AND ESTABLISHED

Chapter 1
Land Use Plan

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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

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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

A.   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.
B.   Other Provisions for Residential Uses are as follows:
1.   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.

2.   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.

3.   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.
4.   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.
5.   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.

6.   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.

7.   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:

1.   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.
2.   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.
3.   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.   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:
1.   Automobile Service - including:
a.   Filling Station
b.   Public Garage, but not including major repair or body work
c.   Public Parking Area
d.   Sales Room
2.   Business Service - including:
a.   Bank
b.   Office Building
c.   Postal Station
d.   Telegraph Office
e.   Telephone Exchange
f.   Utility Company Business Office.
3.   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
4.   Equipment Service:
a.   Radio or Television Shop
b.   Electric Appliance Shop
c..   Record Shop
5.   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
6.   Personal Service - including
a.   Barber Shop
b.   Beauty Shop
c.   Reducing Salon
d.   Photographic Studio
7.   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
8.   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.
9.   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.

B.   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.
C.   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.
D.   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.

A.   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.
B.   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.
C.   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:
1.   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.
2.   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.
3.   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.
4.   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.
5.   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.
6.   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.
7.   Architectural Control
a.   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.

A.   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.
B.   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.
C.   Standards for Enclosed and Open Industrial Uses.
1.   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.

2.   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.
3.   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.
4.   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.

5.   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.
6.   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.

7.   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.

8.   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:
a.   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.
b.   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.
D.   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.   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.
B.   The Building Height for Contingent Uses shall be as provided in Figure 8.
C.   Other Provisions and Requirements for Contingent Uses are as follows:
1.   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.
2.   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.
3.   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.
4.   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.
5.   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:
1.   Artist's studio
2.   Dressmaking
3.   Professional office of a medical or osteopathic physician, dentist, podiatrist, chiropodist, lawyer, engineer, architect or accountant.
4.   Teaching, with musical instruction limited to a single pupil at a time.
5.   Barbering or Hairdressing
D.   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

A.   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.
B.   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.
C.   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.
D.   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.
E.   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.
F.   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.
G.   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.

A.   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.
B.   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.
C.   Site Plans so furnished shall be filed and shall become a permanent public record.
D.   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.
E.   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.

F.   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.
G.   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.
H.   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.
I.   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.
J.   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.
K.   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.

A.   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.
B.   he Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this ordinance.
C.   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.
D.   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.
E.   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.
F.   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.
G.   Every decision of the Board shall be subject to review by certiorari.
H.   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

A.   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"
B.   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.
C.   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.
D.   DETERMINATION AND INTERPRETATION OF DISTRICT BOUNDARIES
a.   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.
b.   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.
E.   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.
F.   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.
G.   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.
H.   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.
I.   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.
J.   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.
K.   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.
L.   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.
M.   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.
N.   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.
O.   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.
P.   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.
Q.   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 NEEDS OF INDUSTRY, BUSINESS AND AGRICULTURE BE RECOGNIZED IN FUTURE GROWTH; THAT RESIDENTIAL AREAS PROVIDE SAFE AND HEALTHY SURROUNDINGS FOR FAMILY LIFE; THAT THE DEVELOPMENT OF THE COUNTY BE COMMENSURATE WITH AND PROMOTIVE OF THE EFFICIENT AND ECONOMICAL USE OF PUBLIC FUNDS; FOR THE PURPOSE OF FORMULATING DEFINITE POLICIES FOR THE LAYING OUT, DEVELOPMENT AND IMPROVEMENT OF MAJOR STREETS AND HIGHWAYS AND SERVICES TO PLATTED AND UNPLATTED LAND.

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.   SHORT TITLE

This ordinance shall be known and may be cited as the "Major Street or Highway Plan, DeKalb County, Indiana - 1964".

Section 2.   MAJOR STREET OR HIGHWAY PLAN AND DRAWING

The Major Street or Highway Plan of the County of DeKalb, Indiana, consists of a map entitled, "DeKalb County, Indiana, Major Street or Highway Plan", dated 1964, which shows the locations of existing and proposed thoroughfares within the jurisdiction of the DeKalb County Plan Commission; and a drawing entitled "Typical Thoroughfare Cross-Sections, DeKalb County, Indiana", dated 1964, which shows recommended cross-sections for the proposed thoroughfares. The Major Street or Highway Plan is hereby declared to be a part of this ordinance and notations, references, indications and other details shown therein are as much a part of this ordinance as if they were fully described in the text of this ordinance.

Section 3.   DESIGNATION OF THOROUGHFARES

The major streets and highways comprising the Major Street or Highway Plan, are hereby classified on the basis of width and type, in accordance with their proposed function, as Arterial, Feeder, and Residential Streets, as shown in the Major Street or Highway Plan.

Section 4.   OPENING OR WIDENING OF STREETS

Whenever a street classified in the Major Street or Highway Plan is to be platted as a part of a subdivision, the required right-of-way width for such street shall be as specified in the Major Street or Highway Plan, provided that where a street borders a tract of land to be subdivided, the owner of such land shall be required to plat only one-half of the right-of-way width designated for such street, measured at ninety (90) degrees to the center line thereof.

Section 5.   LOCATION OF STREETS

Wherever the location of a street is indicated in the Major Street or Highway Plan as following an existing road or street, or a section or half-section or other established property line, the location of the street shall conform to such location; however, a street lying wholly within a subdivision, and not designated as following an existing road or established property line, may be varied in its alignment when such variance promotes the plan of a neighborhood development unit in accordance with good site planning principles, and if such alignment provides for the continuity of traffic movement.

It is the intent of the Major Street or Highway Plan and this ordinance that Feeder Streets, as defined in the Plan, shall be established within each section of land on, or approximately on, the north-south and east-west half section lines of such sections. Where such Feeder Streets are not specifically shown on the Major Street or Highway Plan, they shall be of the Residential classification.

Wherever the location of a street is indicated in the Major Street or Highway Plan as following an irregular alignment, or a revised alignment or is not referenced to an established line, it shall follow the alignment shown in the Major Street or Highway Plan. Such alignment shall be subject to a detailed survey which may be made by the DeKalb County Plan Commission or other public agencies, or by the owners of land to be subdivided if required by the Commission. The survey for such street shall be subject to the approval of the DeKalb County Plan Commission prior to the dedication of the street.

Section 6.   CONSIDERATION BY PUBLIC AGENCIES

The Board of County Commissioners shall be guided by and give consideration to the general policy and pattern of street development set out in the Major Street or Highway Plan in the authorization, construction, alteration, relocation or abandonment of the public streets, highways and related structures.

Section 7.   ISSUANCE OF PERMITS

Any Permits authorized by the County, including but not limited to Improvement Location Permits, permitting the erection, alteration or relocation of structures and other improvements within the jurisdiction of the DeKalb County Plan Commission, and within the territory comprising the Town of Corunna, Indiana, shall be issued only if, in addition to satisfying the requirements of other County Ordinances, the proposed street right-of-way as set forth in this ordinance will be protected from encroachment. In this instance, the proposed street right-of-way lines will be considered as the front line of lots and tracts bordering such street.

Section 8.   CONTINUING AUTHORITY OF COMMISSION

Subsequent to the passage of this ordinance, the DeKalb County Plan Commission may:

A.   Determine lines for new, extended, widened or narrowed thoroughfares in any portion of the area within the jurisdiction of the DeKalb County Plan Commission.
B.   Certify to the Board of County Commissioners the amended or additional plan under the same procedure as established for the certification and approval of the Major Street or Highway Plan.
Section 9.   AMENDMENTS

In addition to the provisions of Section 8, herein, amendments shall be adopted according to the procedure set forth in Sections 37 through 40, Chapter 174, Acts of 1947, as amended, General Assembly of the State of Indiana, except that, if the Board of County Commissioners desires an amendment it may direct the DeKalb County Plan Commission to prepare an amendment and submit it to public hearing within sixty (60) days after formal written request by the Board of County Commissioners.

Section 10.   AVAILABILITY FOR PUBLIC INSPECTION

Two copies of the Major Street or Highway Plan and Ordinance and two copies of the typical thoroughfare cross-sections shall be kept on file in the office of the County Auditor, and shall be subject to public examination during the regular office hours of the County Auditor.

Section 11.   APPEALS

Any decision of the Building Commissioner of DeKalb County may be appealed to the DeKalb County Plan Commission when the decision in question involves a requirement of this ordinance, by any person claiming to be adversely affected by such decision.

Section 12.   CERTIORARI PROCEDURE

A decision of the DeKalb County Plan Commission may be reviewed by certiorari procedure the same as that providing for the appeal of zoning cases from the decision of the DeKalb County Board of Zoning Appeals. A petition for certiorari shall specify the grounds upon which the petition alleges the illegality of the DeKalb County Plan Commission's action. Such petition must be filed in the circuit court of DeKalb County within 30 days after the date of such decision.

Section 13.   REMEDIES AND PENALTY

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 thereof, be punished by a fine of not more than five hundred dollars ($500.00), as provided in Indiana Code  35-5-4-4, for each offense.

Section 14.   VALIDITY

If any title, section, clause, provision or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other title, section, clause, provision or portion of this ordinance.

Section 15.   EFFECTIVE DATE

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

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

ARTICLE 4
SUBDIVISION CONTROL ORDINANCE

36-4  

Subdivision Control Ordinance.  AN ORDINANCE PROVIDING FOR THE CONTROL OF THE SUBDIVISION OF LAND AND THE APPROVAL OF PLATS AND REPLATS OF LAND, WITHIN THE JURISDICTION OF THE DEKALB COUNTY PLAN COMMISSION, AS A PART OF THE MASTER PLAN FOR DEKALB COUNTY, INDIANA.

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

ARTICLE 1.   ESTABLISHMENT OF CONTROL

No Plat or replat of a Subdivision of land located within the jurisdiction of the Commission shall be recorded by the County Recorder unless it has first been approved by the Commission, and such approval shall have been entered in writing on the Plat by the President and Secretary of the Commission.

ARTICLE 2.   DEFINITIONS

ALLEY: A permanent public service way or right-of-way, dedicated to public use, other than a Street, place, road, crosswalk or Easement, designed to provide a secondary means of access for the special accommodation of abutting property.

BLOCK: A unit of property entirely surrounded by public highways, streets, railroad rights-of-way, waterways, or other barriers or a combination thereof.

BLOCK FRONTAGE: Property abutting on one side of a Street, and lying between the two nearest intersecting or intercepting Streets, or between the nearest intersecting or intercepting Street and railroad right-of-way, waterway, or other definite barrier.

BUILDING SETBACK LINE - BUILDING LINE: The line nearest the front or side of and across a Lot establishing the minimum Yard to be provided between the Principal Building or Structure and the Lot Line.

COMMISSION: The DeKalb County Plan Commission.

COUNTY: DeKalb County, Indiana.

CUL-DE-SAC: (Court or Dead End Street). A short residential street having one end open to traffic and being permanently terminated by a vehicle turn-around.

EASEMENT: A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.

JURISDICTION OF THE COMMISSION: The unincorporated territory for planning and zoning within the jurisdiction of the DeKalb County Plan Commission.

LOT: A portion of a Subdivision, or other parcel of land intended as a unit for transfer of ownership or development.

MAJOR STREET OR HIGHWAY PLAN: The part of the Master Plan, now or hereafter adopted which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways and other thoroughfares.

MASTER PLAN: The complete Plan or any of its parts for the development of the County, prepared by the Commission and adopted by the Board of County Commissioners in accordance with the authority conferred by the Planning Statutes of Indiana.

PERSON: A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

PLACE: An open, unoccupied, officially designated space, other than a Street or Alley, permanently reserved for use as the principal means of access to abutting property.

PLAT: A map or chart indicating the Subdivision or resubdivision of land intended to be filed for record.

REPLAT: A Subdivision or Plat, the site of which has heretofore been platted or subdivided with Lots or parcels of land. It may include all or any part of a previous Subdivision or Plat.

STREET: A right-of-way, other than an Alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A Street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name.

STREET, ARTERIAL: A Street designated for large volumes of traffic movement. Certain Arterial Streets may be classed as Limited Access Highways to which entrances and exits are provided only at intersections and access is denied to abutting properties.

STREET, FEEDER: A Street planned to facilitate the collection of traffic from Residential Streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach Arterial Streets.

STREET, RESIDENTIAL: A Street designated primarily to provide access to abutting properties, usually residential. Certain Residential Streets may be Marginal Access Streets parallel to Arterial Streets, which provide access to abutting property and ways for traffic to reach access points on Arterial Streets.

SUBDIVIDER: Any person responsibly engaged in developing or improving a tract of land which complies with the definition of a Subdivision as defined in this Ordinance.

SUBDIVISION: The division of any parcel of land shown as a unit, as part of a unit, or as contiguous units on the last preceding transfer of ownership thereof, into two or more parcels, sites, or lots, for the purpose, whether immediate or future, of transfer of ownership, provided however, that the division or partition of land into parcels of more than five acres for agricultural purposes not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision; or

The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public utilities and facilities.

ZONING ORDINANCE: The part of the Master Plan, now or hereafter adopted, which includes an ordinance and zone map which divides the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of land use controls.

ARTICLE 3.   PROCEDURE

A subdivider desiring approval of a plat of a subdivision of any land lying within the Jurisdiction of the Commission, shall submit a written application therefor to the Commission. Which application shall be accompanied by the information, requirements and plans set forth in Figure 1., all in accordance with the requirements set forth in this Ordinance.

Step 1.   Primary Plat for Subdivision
A.   The owners or subdivider shall provide a Primary Plan of the Subdivision which shall show the manner in which the proposed subdivision is coordinated with the Master Plan and its provisions; specifically, with relation to the requirements of the Major Street and Highway Plan; school and recreational sites; shopping centers; community facilities; sanitation; water supply and drainage; and other developments existing and proposed in the vicinity; provided, however, that no land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography, or any other feature harmful to the health and safety of possible residents and the community as a whole.
B.   The subdivider shall provide the following:
1.   Location Map (which may be prepared by indicating the date by notations on available maps) showing:
a.   Subdivision name and location.
b.   Any thoroughfares related to the subdivision.
c.   Existing elementary and high schools, parks and playground available for serving the area proposed to be subdivided, and other community facilities.
d.   Title, scale, north point and date.
2.   A Primary Plat prepared by a registered land surveyor showing:
a.   Proposed name of the subdivision.
b.   Names and addresses of the owner(s) and registered land surveyor.
c.   Commissions Certificate (See Page 21)
d.   Streets and rights-of-way, on and adjoining the site of the proposed subdivision, showing the names (which for new streets shall not duplicate other names of streets in the community, except for extensions of existing streets) which shall meet with the approval of the commission, and including roadway widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks, tree planting and other pertinent data.
e.   Easements: Locations, widths and purposes.
f.   Statement concerning the location and approximate size or capacity of utilities to be installed.
g.   Layout of Lots, showing dimensions and numbers and square footage.
h.   Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes.
i.   Contours at vertical intervals of two (2) feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of five (5) feet if the general slope is ten percent (10%) or greater.
j.   Tract boundary lines showing dimensions, bearings, angles, and referenced to known land lines or bench marks.
k.   Building setback lines.
l.   Legend and notes.
m.   Other features or conditions which would affect the subdivision favorably or adversely.
n.   Scale, north point and date. The Primary Plat of the Subdivision shall be drawn to a scale of fifty (50) feet to one (1) inch, or one hundred (100) feet to one (1) inch; provided, however, that if the resulting drawing would be over thirty-six (36) inches in shortest dimension, a scale as recommended by the Commission may be used.
3.   A description of the protective covenants or private restrictions to be incorporated in the plat of the subdivision, or become covenants in the deeds for lots.
Step 2.   Preliminary Plat Approval
A.   After an application for approval of a plat of a subdivision, together with two (2) copies of all maps and data, has been filed, the Plan Commission Staff shall review the Primary Plat and give its acceptance or return the plat to the subdivider; with suggestions for changes.
B.   After the Plan Commission Staff has given acceptance, it shall set a date for a hearing, notify the applicant in writing, and notify by general publication or otherwise, any person or governmental unit having a probable interest in the proposed plat. The cost of publication of the Notice of Hearing shall be met by the applicant.
C.   If after the hearing, the Commission determines that the application and plat comply with the standards in the Subdivision Ordinance, it shall make written findings and a decision granting primary approval to the plat, or the Commission will advise the applicant of any changes in the Primary Plat which are desired or should have consideration before secondary approval will be given. The primary plat decision must be signed by the Chairman and Secretary of the Commission.
Step 3.   Secondary Plat.

The Secondary Plat of the Subdivision shall contain the following area allocations and shall conform to the following principles and standards of design.

A.   The Secondary Plat includes all or only a part of the Primary Plat which has received approval.
B.   The original drawing of the Secondary Plat of the subdivision shall be drawn to a scale of fifty (50) feet to one (1) inch, provided that if the resulting drawing would be over thirty-six (36) inches in shortest dimension, a scale of one hundred (100) feet to one (1) inch may be used. Three reproducible prints shall be submitted for Secondary Approval.
C.   The following basic information shall be shown:
1.   Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one (1) foot in five thousand (5000) feet.
2.   Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan.
3.   Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
4.   Accurate metes and bounds description of the boundary.
5.   Source of title to the land as shown by the books of the County Recorder.
6.   Street names.
7.   Complete curve notes for all curves included in the plan.
8.   Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines.
9.   Lot numbers and dimensions.
10.   Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use.
11.   Accurate locations of easements for utilities and any limitations on such easements.
12.   Building setback lines and dimensions.
13.   Location, type, material and size of all monuments and lot markers.
14.   Plans and specifications for the improvements required in this ordinance.
15.   Restrictions of all types which will run with the land and become covenants in the deeds for lots.
16.   Name of the subdivision.
17.   Name and address of the owner and the subdivider.
18.   North point, scale and date.
19.   Certification by a registered land surveyor.
20.   Certification of dedication of streets and other public property.
21.   Certificate for approval by the Commission.
Step 4.   Secondary Plat Approval.
A.   When the Secondary Plat is submitted to the Commission, it shall be accompanied by one of the following.
1.   A certificate by a Registered Professional Civil Engineer or a Registered Land Surveyor that all improvements and installations for the Subdivision required for its approval have been made or installed in accordance with specifications; or
2.   A bond which shall:
a.   Run to the Board of County Commissioners.
b.   Be in amount to complete the improvements and installations in compliance with this ordinance for that portion of the Subdivision included in the final plat.
c.   Be with surety satisfactory to the Commission, and
d.   Specify the time for the completion of the improvements and installations.
B.   Within a reasonable time after application for approval of the Secondary Plat, the Commission shall approve or disapprove it. If the Commission approves, it shall affix the Commission's seal upon the plat together with the certifying signature of its President and Secretary. If it disapproves, it shall set forth the reasons for such disapproval in its own records and provide the applicant with a copy.
C.   The bond referred to in sub-paragraph 2 of paragraph A, above, will be released only upon the submission of an engineer's certificate as described in sub-paragraph 1 of paragraph A.
ARTICLE 4.   PRINCIPLES AND STANDARDS OF DESIGN

The Final Plat of the Subdivision shall conform to the following principles and standards of design:

Section 1.   GENERAL. The Subdivision Plan shall conform to the principles and standards which are generally exhibited in the Master Plan.
Section 2.   STREETS.
A.   The street and alley layout shall provide access to all lots and parcels of land within the subdivision, and where streets cross other streets, jogs shall not be created. No permitted Cul-de-sac shall provide principle frontage to more than thirty (30) lots nor exceed one thousand (1000) feet in length unless site topography indicates that longer cul-de-sacs and additional lots would be appropriate.
B.   Proposed Streets shall be adjusted to the contour of the land so as to produce useable lots and streets of reasonable gradient.
C.   Certain proposed streets, where appropriate, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.
D.   Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley to the prescribed width shall be platted within the proposed subdivision.
E.   Widths of Arterial Streets and Feeder Streets shall conform to the widths specified in the Major Street or Highway Plan.
F.   The minimum right-of-way of Residential Streets, including Marginal Access Streets or Cul-de-Sacs, shall terminate in a circular right-of-way, with a minimum diameter of one hundred thirty (130) feet, or other arrangement for the turning of all vehicles conveniently within the right-of-way.
G.   Alleys shall not be permitted in residential areas but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes, and where platted, shall be at least twenty (20) feet in width.
H.   The center line of streets should intersect as nearly at right angles as possible.
I.   At intersections of streets and alleys, property line corners shall be rounded by arcs of at least twenty (20) feet radii or by chords of such arcs.
J.   At intersections of streets the property line corners shall be rounded by arcs with radii of not less than fifteen (15) feet, or by chords of such arcs.
K.   If the smaller angle of intersection of two streets is less than sixty (60) degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Commission.
L.   Intersections of more than two (2) streets at one point shall be avoided.
M.   Where parkways or special types of streets are involved, the Commission may apply special standards to be followed in the design of such parkways or streets.
N.   Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way or a highway designated as a "Limited Access Highway" by the appropriate highway authorities, provision shall be made for a Marginal Access Street, or a parallel Street at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets.
O.   Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the centers line as follows:
1.   Arterial Streets: Five Hundred (500) feet.
2.   Feeder Streets and Parkways: Three Hundred (300) feet.
3.   Residential Streets: One Hundred Fifty (150) feet.
P.   Curvature measured along the center line shall have a minimum radius as follows:
1.   Arterial Streets: Five Hundred (500) feet.
2.   Feeder Streets and Parkways: Three Hundred (300) feet.
3.   Residential Streets: One Hundred Fifty (150) feet.
Q.   Between reversed curves on Arterial Streets there shall be a tangent of not less than one hundred (100) feet and on Feeder and Residential Streets such tangent shall not be less than forty (40) feet.
R.   Maximum Grades for Streets shall be as follows:
1.   Arterial Street, not greater than six (6) percent.
2.   Feeder and Residential Streets and Alleys, not greater than ten (10) percent.
S.   The Minimum Grade of any street gutter shall not be less than five-tenths (0.5) percent.
T.   Proposed Streets that are extensions of or in alignment with existing Streets shall bear the same name as that borne by the existing Street.
Section 3.   BLOCKS
A.   Blocks should not normally exceed twelve hundred fifty (1250) feet in length, unless unusual circumstances justify greater length.
B.   Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a Limited Access Highway or an Arterial Street or a Railroad Right-of-Way.
C.   In Blocks of over seven hundred (700) feet in length the Commission may require, at or near the middle of the Block, a public walk connecting adjacent Streets or other public areas. Such walks shall be at least ten (10) feet in width of right -of-way and shall be intended for the use of pedestrians only.
Section 4.   LOTS
A.   All Lots shall abut on a Street or Place.
B.   Side Lines of Lots shall be at approximately right angles to straight streets and approximately on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular Lots should be avoided.
C.   Double frontage Lots should not be platted, except that where desired along Arterial Streets, Lots may face on an interior Street and back on such thoroughfares. In that event a planting strip, or a planting screen, at least twenty (20) feet in width shall be provided along the back of the Lot.
D.   Widths and areas of Lots shall be not less than that provided in the Zoning Ordinance for single-family dwellings for the district in which the Subdivision is located, except that when a water main supply system or a sanitary sewer system are not available, the Lot area necessary in install a private water supply or private sewage disposal on the Lot in accordance with the DeKalb County Health Officer, and the State Board of Health, of the State of Indiana, regulations shall become the required minimum Lot area.
E.   Wherever possible, unit shopping centers, based upon sound development standards, should be designed in contrast to the platting of lots for individual commercial use.
F.   Corner residential Lots shall be wider than normal in order to permit appropriate setbacks from both streets. Interior residential Lots abutting a corner Lot shall be wider than the average interior Lot in order to permit a wider side yard adjacent to the Corner Lot.
Section 5.   EASEMENTS

Where alleys are not provided, Easements for utilities shall be provided. Such Easements shall have minimum widths of ten (10) feet, and where located along Lot Lines, one-half the width shall be taken from each Lot. Before determining the location of Easements the plan shall be discussed with the local public utility companies to assure their proper placing for the installation of services.

Section 6.   BUILDING SETBACK LINES

Shall be as provided in the Zoning Ordinance.

Section 7.   PUBLIC OPEN SPACES

Where sites for parks, schools, playgrounds or other public uses are located within the subdivision area as shown in the Master Plan, the Commission may request their dedication for such purposes, or the reservation for a period of one year following the date of the approval of the Final Plat. In the event a governmental agency concerned passes a resolution expressing its intent to acquire the land so reserved, the reservation period shall be extended for an additional six (6) months.

ARTICLE 5.   STANDARDS OF IMPROVEMENTS

The Secondary Plan of the Subdivision shall conform to the following standards of improvements which shall be installed under the supervision of an inspector whose qualifications meet the approval of the DeKalb County Surveyor and the cost of such inspection shall be borne by the Subdivider.

Section 1.   MONUMENTS AND MARKERS
A.   Shall be placed so that the center of the bar or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the finished grade.
B.   Monuments shall be set:
1.   At the intersection of all lines forming angles in the boundary of the Subdivision.
2.   At the intersection of street property lines.
C.   Markers shall be set:
1.   At the beginning and ending of all curves along street property lines.
2.   At all points where lot lines intersect curves either front or rear.
3.   At all angles in property lines of lots.
4.   At all other lot corners or boundary angles not established by a monument.
D.   Monuments shall be of stone or concrete, with minimum dimensions of four (4) inches by four (4) inches by thirty-six (36) inches, set vertically in place. They shall be marked on top with a brass plug, or iron or copper dowel, at least three-eights (3/8) inch thick, set flush with the top of the monument, deeply scored with a cross. Markers shall consist of iron pipes or steel bars at least thirty-six (36) inches long, and not less than five-eights (5/8) inch in diameter.
Section 2.   STREETS
A.   Streets (and alleys, where provided) shall be completed to grades shown on plans, profiles, and cross-sections, provided by the Subdivider, and prepared by a registered professional engineer or registered land surveyor and approved by the Commission.
B.   The specifications for streets shall be as shown on Figure 1, Sheets 1 thru 3, which are attached and hereby made a part of this ordinance.
C.   The street shall be graded, surfaced and improved to the dimensions required by the cross-sections and the work shall be performed in the manner prescribed in "Indiana Department of Highway - Standard Specifications" (latest issue).
D.   Streets in a subdivision of 31 lots or more shall be surfaced to a minimum of twenty-eight (28) feet (including curbing), or twenty-four (24) feet with shoulder and ditches. Alleys shall be surfaced to a minimum width of sixteen (16) feet.

DESIGN CHARACTERISTICS OF STREET PAVEMENT

FOR ANY PROPOSED SUBDIVISION

KIND OF ARTERIAL ARTERIAL
PAVEMENT PRIMARY SECONDARY FEEDER
CONCRETE  
Uniform Design 8" 7" 6"
Thickness *Intersections to be of uniform design and one (1) inch thicker that pavement thickness.
KIND OF ARTERIAL ARTERIAL
PAVEMENT PRIMARY SECONDARY FEEDER
FLEXIBLE**      
Asphaltic Surface 1" 1" 1"
Course      
Base: Bituminous 7" 6" 3" Binder
Coated Aggregate     3" Base
Sub-Base: Compacted 8" 7" 5"
Aggregate      
Total Thickness 16" 14" 12"

**For intersections and parking strips on residential streets, use feeder street design characteristics.

E.   If the proposed street will be serving thirty (30) lots or less, then the following alternate design can be used:
1.   The required width of pavements can be twenty-two (22) feet with shoulders and ditches or twenty-eight (28) feet with curbing.
2.   Cul-de-sac turn around shall be paved to within 15 feet of the right-of-way.

DESIGN CHARACTERISTICS OF STREET PAVEMENT

FOR THIRTY (30) LOTS OR LESS

TYPE OF STREET

KIND OF PAVEMENT RESIDENTIAL OR ALLEY

Concrete

Uniform design thickness* 6"

*Intersections to be of uniform design of 7" thickness.

Flexible Asphaltic Surface Course 1"
Base - H.A.C. or H.A.E** 3"
Sub-base - compacted aggregate 8"
TOTAL THICKNESS 12"

**Intersections to be 4" thickness using H.A.C. or H.A.E.

F.   Prior to the construction of street or alley surfaces and pavements, adequate drainage facilities shall be installed by the Subdivider, according to plans furnished by the Subdivider, prepared by a registered professional engineer or a registered land surveyor and approved by the Commission. A storm drainage analysis based upon a 10-year rainfall event shall be used as the basis of design for the drainage system. A 10-year storm high-water level shall be at least 11/2 foot below the centerline of pavement. A copy of the analysis is to be submitted to the Commission with the drainage facility plans. Pipe used for drainage shall be of an approved type, design, size and strength to meet the requirements of the specific conditions which may be encountered. Minimum diameters of pipe to be used shall be as follows:
Roadway cross-drains 15"
Entrance culverts ) To be determined by
Perforated under-drains ) DeKalb Highway Dept.

(All roadside drainage ditches shall be constructed as shown on Diagram 1 (Sheets 1 thru 3) or in accordance with plans approved by the County Highway Department and shall be continuously maintained as approved and constructed.)

G.   Upon completion of the street improvements, a minimum of two (2) sets of as-built plans and profiles shall be filed with the Commission.
H.   All other provisions of said Ordinance No. 4, shall remain in full force and effect as already provided unless specifically modified herein.
Section 3.   SEWERS
A.   The Subdivider shall provide the Subdivision with sanitary sewer facilities in accordance with one of the three following procedures:
1.   Public Collection System. In all cases where such is possible the developer shall construct a sanitary sewer system connected to a municipal sewer. The plans for the system shall be approved by the affected municipality and the Commission, and shall be designed and constructed in accordance with the municipal specifications.

Service laterals shall be installed between the street main and the property line before the Street is paved.

2.   Local Treatment System. Where it is not practical to connect the Subdivision sanitary sewer system to the municipal sewer, the Subdivider shall construct a local treatment system consisting of the necessary house laterals, service mains, and interceptors required to conduct the Subdivisions sanitary sewage to a single treatment facility. All aspects of such a system, including the treatment facility, shall be designed and constructed by the developer in accordance with the requirements of the State Board of Health of the State of Indiana and the DeKalb County Health Officer.
3.   Private Disposal System. Where alternatives 1 and 2 above are not practical, the commission may permit the developer to install on each Lot an individual sewage disposal system consisting of a septic tank and tile absorption field or other approved disposal system. Such systems shall be designed and constructed by the developer in accordance with the regulations of the State Board of Health of the State of Indiana and the DeKalb County Health Officer. In no case, however, shall private disposal systems be permitted where rock or impervious clay conditions exist which would prevent percolation of effluent.
B.   The plans for the installation of the sanitary sewage facilities shall be provided by the Subdivider, prepared by a registered professional engineer, and approved by the State Board of Health of the State of Indiana and the DeKalb County Health Officer. Upon the completion of sanitary sewer installations, two (2) sets of the as-built plans for such system shall be filed with the Commission.
C.   In this Section 3, SEWERS, and the next Section 4, WATER, the phrase "the Subdivider shall provide" shall be interpreted to mean that the Subdivider shall install the facility referred to, or whenever a private sewage disposal system or an individual water supply is to be provided, that the Subdivider shall require, as a condition of the sale of each Lot or parcel in the Subdivision, that the facilities referred to in these sections shall be installed by the developer of the lots in accordance with these regulations.
Section 4.   WATER
A.   The Subdivider shall provide the Subdivision with a complete water main supply system, which shall be connected to a municipal or community water utility system, except, that when such water supply is not available, the Subdivider shall provide an individual water supply on each Lot in the Subdivision in accordance with requirements of the State Board of Health of the State of Indiana and the DeKalb County Health Officer.
B.   The plans for the installation of a water main supply system shall be provided by the Subdivider and approved by the affected utility, and the State Board of Health of the State of Indiana and the DeKalb County Health Officer. The plans for the water main system shall include fire hydrant locations. Construction of water mains and house services to be placed within the improved portion of the street right-of-way shall be completed prior to the placement of the surface improvements. Upon the completion of the water supply installation two (2) sets of the plans for such system as built shall be filed with the Commission.
Section 5.   IMPROVEMENT CREDIT PROCEDURE
A.   Improvements required in Article 6 of this Ordinance to be installed by the Subdivider, which are of a public utility nature -specifically Sections 2, 3, and 4 thereof - may provide benefits to other properties in the vicinity of land to be subdivided. Upon the installation of such improvements which cross or adjoin other properties, the Subdivider and the County may by contract agree that upon the connection or use of the installation made by the Subdivider by others, within a period of ten (10) years following their installations, the new user or users shall pay to the County a fee in an amount agreed upon by the Subdivider and the County, the amount of such fee to be credited to and paid to the Subdivider.
Section 6.   CURB AND GUTTER
A.   The Commission shall require curb and gutter to be installed on each side of the street surface in a Subdivision within which the majority of lots have an area of less than twenty thousand (20,000) square feet and a lot width of less than one hundred (100) feet. The plans for the installation of the curb and gutter shall be approved by the Commission.
B.   The curb and gutter shall be of one of the construction types shown in Figure 2 and shall be constructed according to the following specifications:
1.   The base for the curb and gutter shall be well-compacted on the existing base or grade.
2.   The minimum specifications shall be as shown for the three types of cross-sections in Figure 2.
3.   All concrete used in the curb and gutter shall meet the State Highway Commission Specifications.
C.   The Commission shall not require curb and gutter to be installed in a Subdivision within which the majority of lots have an area of at least twenty thousand (20,000) square feet and a lot width of at least one hundred (100) feet, provided that the Subdivider shall provide sod swale gutters designed to meet the approval of the Commission.
Section 7.   SIDEWALKS
A.   The Commission shall require the Subdivider to install sidewalks:
1.   On each side of a street classified as "Arterial" in the Major Street and Highway Plan;
2.   On streets which are proposed to be extensions of streets already having sidewalks on either one or both sides;
3.   On streets in the vicinity of schools or other public buildings which, in the Commission's judgment, would be necessary for the safety and welfare of pedestrians.
B.   If sidewalks are provided, they shall be constructed of Portland Cement Concrete, at least four (4) inches thick, and four (4) feet wide, and the edge of walks adjacent to the property line of the Street shall be placed at least one (1) foot from the property line.
C.   If sidewalks are not provided, the street grade shall be completed so that additional grading would not be necessary for any future provision of sidewalks.
D.   Crosswalks within blocks, as required by Paragraph "C" of Section 3 of Article 4, shall be improved with a four (4) foot walk of Portland Cement or Asphaltic Concrete four (4) inches thick.
Section 8.   STREET SIGNS

The Subdivider shall provide the Subdivision with acceptable street signs at the intersection of all streets.

ARTICLE 6.   PLAT CERTIFICATES AND DEED OF DEDICATION

The following forms shall be used in all Primary Plats and Secondary Plats:

Section 1.   COMMISSION CERTIFICATE
UNDER AUTHORITY PROVIDED BY CHAPTER 174 - ACTS OF 1947, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, AND AN ORDINANCE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA, THIS (PRIMARY) OR (SECONDARY) PLAT WAS GIVEN APPROVAL BY THE COUNTY OF DEKALB AS FOLLOWS:

APPROVED BY THE COUNTY PLAN COMMISSION AT A MEETING HELD ________________________, 19___.

DEKALB COUNTY PLAN COMMISSION (SEAL)

PRESIDENT

SECRETARY

Section 2.   REGISTERED LAND SURVEYOR'S CERTIFICATE (A certificate shall also be provided for any work on a plat prepared by a registered professional engineer).

"I (name) , HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA:

THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED BY ME ON (date) ; THAT ALL THE MONUMENTS SHOWN THEREON ACTUALLY EXIST; AND THAT ALL OTHER REQUIREMENTS SPECIFIED HEREIN, DONE BY ME, HAVE BEEN MET.
(SEAL)    

(Signature)

Section 3.   DEED OF DEDICATION

Each Secondary plat submitted to the Commission for approval shall carry a deed of dedication in substantially the following form:

"We, the undersigned (names) , owners of the real estate shown, and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat.

This Subdivision shall be known and designated as (name) , a/an subdivision of addition to (name) , Indiana. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public.

Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure.

There are strips of ground (number) feet in width as shown on this plat and marked "Easement", reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved.

No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities.

(Additional dedications and protective covenants, or private restrictions, would be inserted here upon the Subdividers initiating or the recommendations of the Commission; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area).

The foregoing covenants (or restrictions), are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 19 , (a twenty-five (25) year period is suggested), at which time said covenants, (or restrictions), shall be automatically extended for successive periods of ten (10) years unless changed by vote of a majority of the then owners of the building sites covered by these covenants, or restrictions, in whole or in part. Invalidation of any one of the foregoing covenants, or restrictions, by judgment or court order shall in no way affect any of the other covenants or restrictions which shall remain in full force and effect.

The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof, is hereby reserved to the several owners of the several lots in this Subdivision and to their heirs and assigns"

Witness our Hands and Seals this ___________ day of __________, 19__.

__________________________________

Signature

__________________________________

Signature

State of Indiana

County of DeKalb

Before me the undersigned Notary Public, in and for the County and State, personally appeared _____(name)_____, _____(name)_____ , and each separately and severally acknowledge the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.

Witness my hand and notarial seal this day of _____________, 19___

Signature _____________________________________ (SEAL)

ARTICLE 7.   VARIANCE

Where the Subdivider can show that a provision of this ordinance would cause unnecessary hardship if strictly adhered to and where in the opinion of the Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Commission may authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the Commission and the reasoning on which the departure was justified shall be set forth.

ARTICLE 8.   AMENDMENT, VALIDITY AND ADOPTION
Section 1.   AMENDMENTS

All amendments to this ordinance shall be in conformance with Chapter 174, Acts of 1947, General Assembly of the State of Indiana, and all Acts amendatory or supplementary thereto.

Section 2.   VALIDITY

If any title, article, section, clause, paragraph, provision or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other title, article, section, clause, paragraph, provision or portion of this ordinance.

Section 3.   EFFECTIVE DATE.

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

Passed by the Board of County Commissioners of the County of DeKalb, Indiana, on the 30th day of March, 1987.

Chapter 1.
Subdivision Plats

36-4-1  

Subdivision Plats. 

ARTICLE 5
DEVELOPMENT PLAN ORDINANCE

36-5  

Development Plan Ordinance.  AN ORDINANCE PROVIDING FOR THE CONTROL OF DEVELOPMENT PLANS WITHIN THE JURISDICTION OF THE DEKALB COUNTY PLAN COMMISSION, AS A PART OF THE MASTER PLAN OF DEKALB COUNTY, INDIANA.

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

I.   DEVELOPMENT PLAN GENERAL PROVISIONS
A.   PURPOSE

A development plan is intended to provide all pertinent information about a proposed development so the Plan Commission may make a knowledgeable decision whether or not the proposed development meets all the requirements of this ordinance and the goals and objectives of the County Master Plan.

B.   DEVELOPMENTS REQUIRING APPROVAL OF A DEVELOPMENT PLAN

The development plan procedure, hereafter set forth, shall be required for developments either new or additions to which are proposed in the following zone districts: C-LB; C-RB; C-GB; C-I1 and C-I2

EXCEPT when the developments proposed are:

1.   Under the requirements of a Special Exception as found in Zoning Ordinance No. 1, Figure 9. In which event the development plan required by the Board of Appeals shall be provided.
2.   Single and Two Family Residential dwelling units regardless of the zone they are in, and
3.   A residential subdivision plat which is approved by the Plan Commission.
II.   DEFINITIONS

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

A.   BOARD: DeKalb County Board of Appeals.
B.   COMMISSION: DeKalb County Plan Commission.
C.   COVENANT: A private legal restriction on the use of land contained in the deed to the property.
D.   DEVELOPMENT PLAN: A drawing, including a legal or site description, of the real estate involved which shows the location and size of the following, both existing and proposed: All buildings, structures and yards; location and dimension of building lines and easements; widths and lengths of all entrances and exits to and from said real estate; location of all adjacent or adjoining streets, service facilities, erosion control plan and other improvements such as planting areas. The Plan shall satisfy the general standards and design standards specified in the Zoning Ordinance regulating the development and containing the supporting information and data required by the Zoning Ordinance.
E.   EASEMENT: A grant by the property owners of the use of a strip of land by the public or a person for specified purposes, or as otherwise provided by law.
1.   Easement, Roadway: A roadway approved by the Commission over private property which permits a specific and limited use of that thoroughfare to the grantee of the easement.
2.   Easement, Utility & Service: A portion or strip of land which is part of a lot or parcel but which has been reserved for the specific purpose of utilities and related services.
F.   EROSION: The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
G.   EROSION CONTROL MEASURE: A practice or a combination of practices to control erosion and resulting sedimentation.
H.   EROSION CONTROL PLAN: A written description of pertinent information concerning erosion control measures designed to meet the requirements of this ordinance as submitted by the applicant for review and approval by the Plan Commission.
I.   FLOOD PLAIN: The are adjoining a river or stream which has been or may hereafter be covered by flood water.
J.   FLOOD PROTECTION GRADE: The elevation of the lowest point around the perimeter of a building at which flood water may enter the interior of the building.
K.   LOT LINES: Lines bounding a lot, as follows:
1.   Lot Line, Front: In case of an interior lot, a line separating the lot from the street or place; and, in the case of a corner lot, a line separating the narrowest frontage of the lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the front lot line.
2.   Lot Line, Rear: A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.
3.   Lot Line, Side: Any lot boundary line not a front lot line or rear lot line.
4.   Lot, Width of: The dimension of a lot, measured between side lot lines on the building line.
L.   MAJOR STREET OR HIGHWAY PLAN: The part of the Master Plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways and other thoroughfares.
M.   MASTER PLAN: The complete plan, or any of its parts, for the development of the County, prepared by the Commission and adopted by the Board of County Commissioners in accordance with the authority conferred by the Planning and Zoning Statutes of Indiana.
N.   PARKING SPACE: A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than 9 feet wide and 20 feet long, exclusive of passageways.
O.   STORM WATER DRAINAGE PLAN: An engineered analysis of drainage needs to protect against damage and to assure the delivery of public services.
P.   STREET: A right-of-way or thoroughfare, other than an alley or place, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property.
III.   DEVELOPMENT PLAN PROCEDURES
A.   PRE-APPLICATION REVIEW

A pre-application review between Building Commissioner and developer is recommended at least fifteen (15) days prior to official application of approval of a development plan. The purposes of this pre-application review are as follows:

1.   To inform the applicant of the standards and requirements of all applicable ordinances, including the Comprehensive Plan.
2.   To review the various procedures and submission requirements.
3.   To review with the applicant any inherent limiting characteristics of the specific site or surrounding areas.
4.   To reduce the time period between initial application and Plan Commission approval.
B.   APPLICATION FOR APPROVAL OF DEVELOPMENT PLANS
1.   The application for approval of a development plan shall be submitted to the Commission on a form approved by the Commission. It shall be signed by the owner(s) of record and/or the agent of the owner and shall contain a statement specifying the intentions of the owner respecting the proposed land use of the development, deed restrictions, drainage, sewage disposal, water facilities, and the intended date of the development. At the time of the submission of the application, the applicant shall pay to the Commission the filing fee established by the Commission.
2.   A reproducible tracing and two copies of the proposed development plan shall be submitted to the Commission at the time the application is filed. The proposed development plan shall be drawn in ink and shall represent the complete accurate layout of the project to scale for the entire tract which the applicant intends to develop and over which he has an ownership of financial interest and/or control. The development plan shall be certified by a licensed surveyor, a licensed engineer, an architect, and/or a landscape architect.
3.   All applications submitted for a development plan shall be accompanied by the following:
a.   Written report and/or recommendation from the DeKalb County Board of Health and, where appropriate, the State Board of Health.
b.   Written report and/or recommendation from the DeKalb County Highway Department and, where appropriate, the State Highway Department.
c.   Written report and/or recommendation from the DeKalb County Drainage Board.
C.   CONTENTS OF DEVELOPMENT PLAN

The development plan for which an application for approval is sought shall contain the supporting data and site plan and supporting maps described below. This information is to be submitted for all of the site included in the application. Application can be reviewed only for those areas for which all required submission data have been presented.

1.   Supporting Data
a.   Legal description of the parcel of real estate for which approval is sought.
b.   Restrictive covenants, including provisions for open space, maintenance, when applicable.
c.   Erosion control plan.
d.   Storm Water Drainage Plan.
e.   Construction performance schedule and accompanying development plan indicating delineations of specific areas and proposed construction completion date. If applicable, those areas required to have open space shall include the time of the development of recreational or other facilities within the open space. The development plan shall also indicate the location of any construction access road and their relationship to the staging of development.
f.   Written reports and/or recommendations from the DeKalb County Drainage Board, the DeKalb County Health Department, the DeKalb County Highway Department, and, where appropriate, the State Board of Health and State Highway Department.
g.   Applicable letters from the utilities serving the area setting forth their ability to serve the development.
h.   Information on the number and type of structures, parcel size, and proposed lot coverage of buildings and structures.
i.   Reports from the servicing Fire Department and Police Department in the area, where required by the Building Commissioner.
2.   Site Plan and Supporting Maps.
a.   Scale, north point and date; name and address of the designer and/or engineer; name and address of the developer of the tract; and the name of the development.
b.   Dimensions of the boundaries of the tract, including bearings and distances and the exact location of all existing and recorded roads intersecting the boundary of the tract.
c.   The existing and proposed site conditions, including contours based on USGS elevations, water courses, drainage ways, flood plain elevations, wooded areas, soil types, wetlands, utilities, roads, and other unique natural features.
d.   The location, minimum size and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open spaces, parks, recreational areas, school sites and similar public and semi-public uses, where applicable.
e.   Section or reserve lines or other legal points of reference and distances to same.
f.   Building lines, lot lines, easement locations and dimensions.
g.   Plans, profiles, cross sections and names, location and geometric for roads and entrances onto public rights-of-way, including acceleration/deceleration and passing lanes, and dedication documents when applicable, which shall comply with the design standards found in the County Subdivision Control Ordinance No. 4.
h.   Easements such as utility, drainage, etc.
i.   Parking areas, including plans and cross sections.
j.   The length of all arcs and radii, central angles, internal angles, points of curvature and tangency, the length of all tangents, intersection radii and right-of-way widths.
k.   Lighting plan, including areas to be lighted, the type of fixtures to be used, and the lighting intensity level for all areas to be lighted, when required.
l.   The developer shall indicate the size, type and location of all proposed signs.
m.   The proposed treatment of the perimeter of the site, including materials, techniques to be used, such as screens, fences, walls and landscaping.
n.   Right-of-way shall be provided and dedicated by the developer according to DeKalb County's Thoroughfare Map.
o.   Such other data which may be required by the Commission, such as landscaping plans and vision clearance.
3.   Commitments

The Commission may permit or require the owner of a parcel of property to make written commitments concerning the use or development of that parcel. The Building Commissioner shall be the enforcing officer of said commitments. Commitments shall be recorded in the DeKalb County Recorder's Office and take effect upon the approval of the development plan containing the commitments. Unless modified or terminated by the Commission, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by rule.

D.   HEARING PROCEDURE FOR APPROVAL
1.   Within thirty (30) days after the date of receipt of the application for approval, the proposed development plan, and the filing fee, and when all the necessary data has been provided, the Building Commissioner shall announce the date and time of the public hearing for approval of the development plan to be held before the Commission and provide such, in writing, to the applicant. The applicant shall also provide notice of such hearing as follows:
a.   By publication in accordance with I.C. 5-3-1, as may be amended from time to time.
b.   For all application for a development plan approval, the petitioner shall notify all abutting and adjoining legal landowners by certified mail with return receipt at least ten days before the date of the hearing. Said notice must inform the interested party what type of petition has been filed with Commission, and state the time, date, and place of the public hearing. A copy of the notice published in the newspaper shall be adequate for the personal notice.
c.   To such other affected and interested parties and in such a manner as the Commission or Building Commissioners may designate or as provided by the Rules of Procedure as adopted by the Commission.
2.   The public hearing for approval of the proposed development plan shall be conducted in accordance with such procedures as the Commission may adopt by rule.
E.   ACTION BY COMMISSION FOR APPROVAL OF DEVELOPMENT PLANS
1.   After the evidentiary portion of the public hearing has been completed upon the proposed development plan, the Commission shall determine if the plan is consistent with the Comprehensive Plan and complies with and satisfies the standards prescribed for approval under this Ordinance.

The commission may impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the standards included in the zoning ordinance for approval of a development plan.

The Commission shall either grant or deny approval of the proposed development plan and enter in the minutes of the meeting written findings and decision in accordance with such action, signed by the Chairperson and the Secretary of the Commission. Also that if the plan is denied, the written findings entered by the Commission shall set forth the reasons for such denial.

2.   The Plan Commission may appoint a Plat Committee to hold hearings on and approve development plans on behalf of the Commission in accordance with the procedures of the State Law.
F.   ISSUANCE OF PERMITS.
1.   Prior to the issuance of any Improvement Location Permit for any development where a development plan is required, the following matters shall be accomplished:
a.   The Commission shall have granted final approval of the development plan in accordance with this ordinance and the DeKalb County Comprehensive Master Plan.
b.   The plan shall be accompanied by one of the following:
i.   A certificate by a Registered Professional Civil Engineer or a Registered Land Surveyor that all improvements and installations for the development required for its approval have been made or

installed in accordance with the specifications; or

ii.   A bond which shall:
aa.   Run to the Board of County Commissioners.
bb.   Be in an amount to complete the improvements and installations in compliance with this ordinance for that portion of the development included in the plan;
cc.   Be with surety satisfactory to the Commission; and
dd.   Specify the time for completion of the improvements and installations.
2.   Prior to the issuance of the Occupancy Permit for any development or approved portion thereof, where a development plan is required, the following items must by submitted to the Building Commissioner.
a.   Reports of satisfactory completion, if applicable, from:
i.   DeKalb County Board of Health and, where appropriate, the State Board of Health;
ii.   DeKalb County Highway Department and, where appropriate, the State Highway Department;
iii.   DeKalb County Surveyor and/or Drainage Board;
iv.   DeKalb County Building Inspector.
b.   Two sets of "As built" plans.
G.   AMENDMENTS TO APPROVED DEVELOPMENT PLAN.
1.   After the Commission has granted approval of a development plan, any amendments thereto shall be submitted by the applicant to the Building Commissioner by way of an amended application for the type of approval sought, on a form prescribed by the Commission. Any such application shall also be accompanied by the pertinent submissions required under this ordinance for the proposed amendments involved, together with the requisite filing fee, if a public hearing is required hereunder to be held on the amended application.
2.   Any application submitted for an approved development plan amendment shall contain the signatures of all owners of record, as shown in the Recorder's Office of DeKalb County, Indiana at the time such application is filed, of the real estate included in the development plan.
3.   If, in the opinion of the Building Commissioner, the amendment to the development plan proposed in such application is substantial, in terms of the scope of the overall project and/or the possible impact upon the community and land uses, both existing and planned, which surround the area included in the development plan, then the Building Commissioner may either require the matter to be heard by the Commission at a public hearing, or defer such decision to the Plan Commission for a determination as to the necessity of such public hearing. In the event such determination is to be made by the Plan Commission, notice of the date, and time of the meeting of the Commission at which such determination is to be made shall be given by the Building Commissioner to the applicant. No other notice need be given, except as required by law. Any action by the Plan Commission in determining whether a public hearing may be held before the Commission upon the amendments proposed by the applicant shall be a final decision, which may not be appealed to the Board, except by the dissenting Plan Commission member as provided by rule.
4.   Notwithstanding the foregoing provisions, nothing in this section shall preclude the Commission from requiring, as a condition for granting of approval of an overall development plan, that subsequent public hearings be conducted before the Commission as to any portions of the overall development plan or any later amendments, alterations or modification proposed with regard thereto. The Commission may, however, waive any procedural or submission requirement otherwise provided under this zoning ordinance it may deem necessary when reviewing a change to an approved development plan.
5.   If the Commission requests, or is required under the provisions of this Ordinance, to conduct a second or subsequent public hearing for approval of a development plan or an amendment thereto, then such hearing shall be conducted and notice furnished in accordance with the provisions of this ordinance and the pertinent rules duly adopted by the Commission.
IV.   DEVELOPMENT PLAN DESIGN STANDARDS

The following minimum design standards shall apply to all size improvements on real estate for which a development plan is required. Individual zoning districts may also supplement the following standards with more detailed standards pertinent to individual districts.

A.   ENVIRONMENTAL DESIGN
1.   It is the intention of the Plan Commission to encourage the preservation of natural site amenities and to minimize the disturbance to the natural environment.
2.   Existing trees and other natural features shall be preserved whenever possible. The location of these features must be considered when planning common open space, location of buildings, underground services, walks, paved areas, and finished grade levels. The Commission may specify that natural features will be protected or preserved in the development and during construction.
B.   EROSION CONTROL

Control of erosion and sediment during land disturbing activities is the responsibility of the developer and/or property owner. The following erosion control requirements shall be met on all sites:

1.   Site Dewatering. Sediment laden water flowing from the site shall be detained by temporary sediment basins. Also, water shall not be discharged in a manner that causes erosion or sedimentation in the receiving channel.
2.   Waste and Material Disposal. Wastes or unused building materials, including, but not limited to, garbage, debris, cleaning wastes, waste water, toxic materials, and hazardous substances, shall not be carried by runoff from a site. Proper disposal of all wastes and unused building materials, in line with the nature of the waste or material, is required.
3.   Tracking. Sediment being tracked from a site onto public or private roadways shall be minimized. This can be accomplished initially by a well planned layout of roads, access drives, and parking areas of sufficient width and length. However, protective covering may also be necessary.
4.   Sediment Removal. Public or private roadways shall be kept cleared of accumulated sediment. If appreciable sedimentation occurs after a storm event, the sediment shall be deposited on the parcels of land, if in the site, from where it likely originated.
5.   Drain Inlet Protection. All storm drain inlets shall be protected against sedimentation with straw bales, filter fabric, or equivalent barriers meeting accepted design criteria standards, and specifications. "Development Lands: Erosion & Sediment Control Guide," published by the Maumee River Basin Commission, may be used to determine acceptable design criteria, standards and specifications.
6.   Site Erosion Control. The following items apply only to the time period when land disturbing activities is taking place.
a.   Runoff passing through a site from adjacent areas shall be controlled by diverting it around disturbed areas. Alternatively, the existing channel may be improved to prevent erosion or sedimentation from occurring.
b.   Runoff from a disturbed area shall be controlled by one or more of the following measures:
i.   Barring unforeseeable weather conditions, all disturbed ground left inactive for seven or more days shall be stabilized prior to October 1by seeding, sodding, mulching, covering, or by other equivalent erosion control measures.
ii.   With disturbed areas within a site of ten acres or more, where drainage is in the same direction or where runoff will result in loss of soil, an abatement or recovery program is required. Where feasible, one or more sediment basins shall be constructed. Each sediment basin shall have a depth of at least three feet and have sufficient surface area to trap the sediment. The size of sedimentation basin should be at least one percent of its drainage area. Sediment shall be removed from time to time to maintain a minimum of three foot depth. When the disturbed area is stabilized, the sediment basin can be removed. However, if erosion is likely to continue, the sediment basin shall be maintained by the existing or subsequent landowners. The discharge rate from a sediment basin shall not cause scouring in the receiving channel.
iii.   With disturbed areas within a site of less than ten acres, filter fences, straw bales, or equivalent erosion control measures, placed along all sideslope and downslope sides of the site, shall be required. Also, if concentrated runoff passes through the site, filter fences shall be placed along the edges of the concentrated flow area to recede the amount of sediment removed from the site. However, if these measures are not sufficient to control off-site sedimentation, a sediment basin may still be required.
c.   Erosion from all soil storage piles shall be controlled by placing straw bales, filter fence, or other appropriate barriers around the piles. Adjacent storm drain inlets shall be protected using similar filter barriers. Moreover, any soil storage pile containing more than ten cubic yards of material shall be located at least twenty-five feet upslope from a roadway or a drainage channel. Furthermore, if remaining in existence for more than seven days, the storage pile shall be stabilized by mulching, vegetation cover, tarps, or other means. Storage piles containing less than ten cubic yards of material may be located closer than twenty-five feet to a roadway or a drainage channel but shall be covered with tarps or a suitable alternative if in existence for less than seven days. However, if a pile is in existence for more than seven days, barriers also shall be placed around the pile.
7.   Maintenance of erosion control measures. During the period of land disturbance at a site, all sediment basins and other erosion control measures necessary to meet the requirements of this ordinance shall be applied by the applicant or subsequent landowner. If sedimentation is likely to be a problem after land disturbing activities have ceased, some or all of the sediment basins and other erosion control measures shall be maintained by the applicant or subsequent landowner for as long as the problem exists.
C.   STORM WATER DRAINAGE PLAN.

It is recognized that smaller streams, drainage ditches and drainage tiles serving DeKalb County may not have sufficient capacity to receive and convey storm water runoff, resulting when land use changes from open or agricultural use to commercial and industrial or a more urbanized use. It is further recognized that deposits of sediment from development during and after construction can reduce capacities of storm sewers and drainage systems and result in damages to receiving lakes and streams.

Therefore, it shall be the policy of the DeKalb County Plan Commission that the storage and controlled release of storm water runoff shall be required of all developments covered under this ordinance. The release rate of storm water from developed lands shall not exceed the release rate from the land area in its present land use.

The developer must submit to the Commission, detailed computations of runoff before and after developments covered under this ordinance, which demonstrate that runoff will not be increased.

These computations must show that the peak runoff rate after development for the 100 year return period storm of critical duration must not exceed the 2 year return period pre-development peak runoff rate. The critical duration storm is that storm duration that requires the greatest detention storage.

Computations for areas up to and including 200 acres may be based on the Rational Method. For areas larger than 200 acres, hydrograph techniques and/or computer drainage modeling methods may be used. Hydrograph techniques and computer modeling methods used to determine storm water runoff shall be proven methods, subject to approval of the Commission.

The Storm Water Drainage Plan shall be designed, provide for, or be accompanied by the following:

1.   Any on site storm sewer system shall be designed for a 10 year storm.
2.   An overland emergency route shall be designed which is capable of a 100 year storm and would be within the limits of the drainage easement.
3.   Lowest floor elevation of buildings or structures within the development shall be a minimum of two (2) feet above the 100 year storm elevation.
4.   Routes of ingress and egress to the development and to all occupied buildings or structures are to be designed as not to flood out and become impassable during the 100 year storm.
5.   The Drainage Plan shall accommodate all existing upstream drainage which passes through the development.
6.   Offsite development shall be limited to a two (2) year predeveloped storm only if receiving drain or channel is adequate to accommodate the discharge. If the receiving drain cannot handle the two (2) year predeveloped storm, the discharge shall be limited to a pro-rata share of the existing drain capacity. As an alternative, the developer may improve the downstream drain to an adequate outlet.
7.   The developer shall show the extent and area of each watershed tributary to the drainage channels in the development.
8.   The developer shall show the street storm sewers and other storm drains to be built, the basis of their design, outfall and outlet locations and elevations, the receiving stream or channel and its high water elevation, and the functioning of the drains during high water conditions.
9.   Show the parts of the proposed street system where pavements are planned to be depressed sufficiently to convey or temporarily store overflow from storm sewers and over the curb runoff resulting from the heavier rainstorms and the outlets for such overflow.
10.   Show existing streams and floodplains to be maintained, and new channels to be constructed, their locations, cross sections and profiles.
11.   Show proposed culverts and bridges to be built, their materials, elevations, waterway openings and basis of their design.
12.   Show existing detention basins and ponds to be maintained, enlarged, or otherwise altered and new basins or ponds to be built and the basis of their design.
13.   Show the estimated location and percentage of impervious surfaces existing and expected to be constructed when the development is completed.
14.   Show the slope, type and size of all sewers and other waterways.
15.   For all detention basins, a plot or tabulation of storage volumes shall be shown with corresponding water surface elevations and a plot or tabulation of the basin overflow rates for those water surface elevations.

Submittal of the storm water drainage plan along with the above items, calculations, watershed maps, location maps, etc. are to be filed as a part of the over-all development plan and shall be in duplicate.

Because topography and the availability and adequacy of outlets for storm runoff vary with almost every site, the requirements for storm drainage tend to be an individual matter for any project. It is recommended that each proposed project be discussed with the County Surveyor's Office at the earliest practical time in the planning stage.

The design of the storm water management system shall be consistent with general and specific concerns, values, and standards of the County Master Plan and applicable Municipal, County, Regional, State and Federal storm drainage control programs. The design shall be based on environmentally sound site planning and engineering techniques.

The best available technology shall be used to minimize off-site storm water runoff, increase on-site infiltration, encourage natural filtration functions, stimulate natural drainage systems, and minimize off-site discharge of pollutants to ground and surface water. Best available technology may include measures such as retention basins, recharge trenches, porous paving and piping, contour terraces, swales, and wetlands.
D.   BUILDING SEPARATION

In reviewing the location of all structures within the development plan boundaries, the Commission shall determine that said structures are located to allow adequate light, air, ease of entry and access by emergency vehicles.

E.   VEHICULAR/PEDESTRIAN CIRCULATION FACILITIES
1.   If any new streets are proposed in the development plan, then all right-of-way widths and street improvements: curbs and gutters and sidewalks, must meet the requirements of the DeKalb County Subdivision Control Ordinance as now or hereafter amended. If any new streets are proposed within the development plan, they shall be surfaced to meet DeKalb County street specifications.
2.   Whenever a street classified in the Major Street and Highway Plan is to be part of a development plan, the required right-of-way for such street shall be as specified in the Major Street or Highway Plan, provided that where a street borders a tract of land to be developed, the owner of such land shall be required to dedicate one-half (1/2) of the right-of-way width designated for such street measured at ninety (90)degrees to the centerline thereof.
F.   SEWER DISPOSAL AND WATER SUPPLY SYSTEMS

All water supply and sewage disposal systems, from private to public in nature, shall be subject to compliance with local and, where appropriate, State Board of Health requirements. Plans must be submitted to and approved by the responsible agencies.

G.   PARKING STANDARDS
1.   Parking areas may be required to be arranged so as to prevent through traffic to other parking areas, except for approved secondary access drives.
2.   Parking areas shall be screened from adjacent non-related structures, roads and traffic arteries with plantings, earth berms, walls or changes in grade, when deemed reasonably necessary by the Commission for orderly and harmonious development.
3.   All parking areas shall be marked so as to provide for orderly and safe parking, storage, and movement.
4.   When it is in the interest of safety and better vehicle and pedestrian circulation, the Plan Commission may require the use of landscape elements to provide physical separation of use areas.
5.   All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining real estate, streets and/or roads.
6.   All parking areas and off-street loading areas shall be graded and drained to remove all surface water without erosion and flooding.
H.   FLOOD PLAIN MANAGEMENT

All development plans shall comply with the requirements specified in the DeKalb County Flood Plain Management Ordinance #5.

I.   WETLAND LAWS

All development plans shall comply with the requirements of the applicable Federal, State or Local wetland laws.

J.   COUNTY AIRPORT ZONING

All development plans shall comply with DeKalb County's Airport Zoning Ordinance.

V.   REMEDIES AND PENALTIES
A.   The Commission, the Building Commissioner, any designated enforcement official, or any person or person, firm or corporation, jointly or severally aggrieved, may institute a suit for injunction in the Circuit or Superior Court of DeKalb County to restrain an individual or a governmental unit from violating the provisions of this ordinance.
B.   The Commission may also institute a suit for mandatory injunction directing any individual, corporation, or governmental unit to remove a structure erected in violation of the provisions of this Ordinance or an injunction to require compliance with or correct a violation of the terms and conditions of an approved development plan.
C.   Any building erected, raised, or converted, 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 a manner as nuisances are now or may hereafter be abated under the existing law.
D.   Any person or corporation, whether as a 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 of not more than five hundred dollars ($500.00), as provided in Indiana Code 35-5-4-4, for each offense.
E.   The Building Commissioner shall have the authority to issue a stop work order on any project not being constructed in strict conformance with any provision of this ordinance, or any law, rule or regulation incorporated herein by reference. Failure to immediately abide by such order when posted at the site shall authorize the Building Commissioner to sue in the name of the County and the department in any court of general jurisdiction for injunctive relief and to obtain such court orders as may be proper in the premises for the strict enforcement hereof, and upon proof of intentional continual violation of any provision of this ordinance or order of the Building Commissioner shall, upon finding of the court to be fact, empower the court in the court's discretion to impose a fine of one hundred dollars ($100.00) per day for each and every day that the violation has occurred or continues to occur after such finding, which may be imposed jointly and or severally upon the owner of the land or structure or building which is the site of the unlawful activity or any tenant, lesser, sublessee or contractor found to be knowingly guilty of such unlawful activity. Each day of violation shall be considered a separate offense.
F.   Any decision of the Plan Commission approving or disapproving a development plan or imposing a condition or requirement for a written commitment is a final decision of the Commission that may be reviewed only as provided in I.C. 36-7-4-1016.
G.   Any person, corporation, or entity found to be in violation of any provision of this ordinance shall be responsible and liable for attorney fees and costs incurred by the Plan Commission.
VI.   OTHER APPROVALS NEEDED

Any approval for a development plan should not be construed as a waiver of any other local ordinance and/or State and Federal Laws.

VII.   VARIANCES

Where a developer can show that a provision of this ordinance would cause unnecessary hardship if strictly adhered to and where, in the opinion of the Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Commission may authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the Commission and the reasoning on which the departure was justified shall be set forth.

VIII.   AMENDMENT, VALIDITY, AND ADOPTION
A.   AMENDMENTS. All amendments to this ordinance shall be in conformance with the laws of the State of Indiana.
B.   VALIDITY. If any title, article, section, clause, paragraph, provision or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other title, article, section, clause, paragraph, provision or portion of this ordinance.
C.   EFFECTIVE DATE. This ordinance shall take effect after its passage and approval by the Board of County Commissioners.

(Ord. NO. 242, Passed February 3, 1992)

ARTICLE 6
VACATIONS

Chapter 1
Plats

36-6-1  

Plats. 

36-6-1-1  

Partial Vacation of Vienna.  Therefore ordered the following part of Vienna aforesaid to wit: Commencing at the river St. Joseph, one rod west of the South West corner of lot No. (97) ninety seven ; Thence North twelve degrees forty five minutes to the Northern boundary line of said plat; Thence South West along said line to the South West corner of said plat; Thence South East to the river St. Joseph; Thence up said river to the place of beginning, be and it is hereby vacated of which all persons concerned will take notice.

(Ord. 041a, passed June 8, 1841)

36-6-1-2  

Vacation of Certain Lots in Vienna.  On Petition The Board now proceed to the consideration of your petitioners, Joseph Ludwick & Anthony Dodge, for the vacation of In Lots No. 4, 9, 16, 5, 8, 17, 20, 29, 32, 46, 6, 7, 18, 19, 36, 31, 42, 43, 54 & 55 in the Original plat of the village of Vienna in the County of DeKalb & State of Indiana. Upon due consideration do Order that Said Lots aforesaid be and hereby are vacated in the aforesaid village.

(Ord. 090643a, passed September 6, 1843)

36-6-1-3  

Woodland Estates Plat Vacated.  WHEREAS, ERIC T. RIEKE and NANCY L. RIEKE, by and through their attorney, JAMES P. McCANNA, have petitioned and requested the DeKalb County Plan Commission to hold a public hearing upon the vacation and abandonment of the plat of Woodland Estates Addition, to DeKalb County, Indiana, including lots one (1) through eight (8).

WHEREAS, said petitioners further petitioned and requested the DeKalb County Plan Commission to hold a public hearing upon the vacation and abandonment of all platted streets, roads, and alleys in Woodland Estates Addition to DeKalb County, Indiana. All in accordance with the terms of Indiana law and,

WHEREAS, Notice of such public hearing has been given by due and proper publications thereof; and,

WHEREAS, said public hearing was held February 21 1980 at 7:30 P.M. in the Plan Commission Office at the County Courthouse, Auburn, Indiana, and that at such hearing there were no objections of any kind or character to the vacation of the plat of the above described addition, including all lots, streets, roads and alleys,

WHEREAS, the vacation and abandonment of the dedicated plat including all lots, streets, roads and alleys above described, conforms to the general policy and pattern of development set out in the Master Plan of DeKalb County, Indiana;

WHEREAS, the vacation of said plat, including all lots, streets, roads and alleys, be and the same is hereby approved subject to any existing utility easement;

WHEREAS, the DeKalb County Plan Commission found that the variation and abandonment of the dedicated plat, including all lots, streets, roads and alleys above described, conforms to the general policy and pattern of development set forth in the Master Plan of DeKalb County, Indiana;

WHEREAS, the DeKalb County Plan Commission approved the vacation of said plat, including all lots, streets, roads and alleys;

WHEREAS, the DeKalb County Plan Commission recommended to the Board of Commission of the County of DeKalb that said plat including all lots, streets, roads and alleys be vacated.

WHEREAS, the said ERIC T. RIEKE and NANCY L. RIEKE, by and through their attorney, JAMES P. McCANNA, have requested the Board, of Commissioners of the County of DeKalb to hold a public hearing on the vacation of said Plat of Woodland Estate Additions to DeKalb County, Indiana, including all lots, streets, roads and alleys and that notice of said hearing was given by certified mail and by publication, as provided by law pursuant to I.C. 5-3-1-1 et. seq.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of DeKalb that said plat., including all lots, streets, roads and alleys herein above described be vacated, and said tract of land shall hereafter be described as follows:, to-wit:

Part of the Northwest Quarter of Section 20 Township 34 North, Range 13 East, described as follows: to-wit: Starting at a point on the quarter section line 190 feet North of the center of said Section 20 and from thence as follows: North on said section line 649.4 feet; thence West parallel with the South quarter section line 200 feet, thence South parallel with the East quarter section line 129.4 feet; thence West parallel with the South quarter section line 278 feet; thence South parallel with the East quarter section line 540 feet; thence East 278 feet; thence North parallel with said East quarter section line 20 feet; thence East parallel with said South quarter section line 200 feet to the place of beginning.

(Ord. 83-2, passed May 16, 1983)

36-6-1-5  

Woodland Estates Addition Vacated (Amending Ordinance 83-2).  WHEREAS, on the 16th day of May, 1983, this Board of Commissioners of the County of DeKalb adopted Ordinance No. 83-2, which was preserved for record in the Office of the DeKalb County Recorder at Miscellaneous Record MM, Page 397, on the 4th day of June, 1984, as Instrument #7184; and,

WHEREAS, the intention was to vacate the entire plat of Woodland Estates Addition to DeKalb County, Indiana, including but not in limitation of Lots One (1) through eight (8); and,

WHEREAS, the vacation order omitted certain streets of areas within the plat; and,

WHEREAS, it is now the intention to correct the vacation and now include the entire previously platted area;

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of DeKalb, that the entire plat known as Woodland Estates Addition to DeKalb County, Indiana, is hereby vacated.

BE IT FURTHER ORDAINED that the real estate now returns to the following metes and bounds description, which was originally utilized to create the plat, to-wit:

Beginning at a point on the quarter section line 190 feet north of the south-east corner of the north-west quarter of Section 20, Township 34 North, Range 13 East and from thence as follows, north on said quarter section line 649.4 feet; thence west parallel with the south quarter section line 200 feet, thence south parallel with east quarter section line 69.4 feet, thence west parallel with said south quarter section line 278 feet, thence south parallel with said east quarter section line 600 feet, thence east 218 feet(198 feet plat; however, we are returning this description to the figure used when the area was platted). Thence south 170 feet to quarter section line, thence east on quarter section line 60 feet, thence north 190 feet, thence east 200 feet to the place of beginning. Enclosing an area containing 7.04 acres.

(Ord. 96-4, passed May 28, 1996)

36-6-1-6  

Vacation of Lots 2 & 16, Renner's Subdivision Grant Township Gladieux Refinery, Inc.  WHEREAS, Gladieux Refinery, Inc. filed with the Board of Commissioners of the County of DeKalb its petition for a review of an order of the DeKalb County Plan Commission denying its petition to vacate the plat of lots 2 & 16, both inclusive of Renner's Subdivision, in Grant Township, DeKalb County, Indiana, and

WHEREAS, the said Board of Commissioners, on July 17th, 1968, did confer with the DeKalb County Plan Commission as to their reasons for rejecting said petition, and

WHEREAS, the said Board of Commissioners did thereafter reverse the decision of the DeKalb County Plan Commissioners, but said decision was not entered of record in the minutes of the said Board of Commissioners by reason of inadvertent error and omission,

NOW, THEREFORE, BE IT RESOLVED that the minutes of a meeting held by the Board of Commissioners of the County of DeKalb, on July 21st, 1968, be and they hereby are amended by inserting therein the following additional minutes:

"The petition of Gladieux Refinery, Inc. for vacation of the plat of Renner's Addition, in Grant Township, DeKalb County, Indiana, insofar as said plat affects lots 2 to 16 of said subdivision, is now submitted to the Board of Commissioners of the County of DeKalb for hearing and said petition and having conferred with the Plan Commission of the County of DeKalb, now finds that said petition should be in all things granted.

It is, therefore, ordered, considered and adjudged that the plat of Renner's Subdivision, in Grant Township, DeKalb County, Indiana, be and the same hereby is vacated insofar as said plat effects lots 2 to 16, both inclusive, as marked and laid down on said recorded plat."

(Res. 092269, passed September 22, 1969)

36-6-1-7  

Vacation of part of Summer Street in Newville.  WHEREAS, the DeKalb County Plan Commission has recommended that approval of the petition of Carson Moore and Nancy Moore, husband and wife, seeking vacation of that part of Summer Street lying east of lot numbered 84 and west of lot numbered 73 in the Original Plat of Vienne, not Newville, as platted and shown in the Plat Book Record No. 3, page 130, in the Office of the DeKalb County Recorder, and said road is not a public conveyance and necessary

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE COUNTY OF DEKALB, STATE OF INDIANA, That said part of Summer Street be and the same is vacated, subject to the right of egress and ingress of those owners, if any, who might own real estate between the back end of said lots 108, 97, 96, 85, 84, 73, 72, 61, 60 and 49 and the bank of the St Joe River.

(Res. 121872, passed December 18, 1972)

36-6-1-8  

Vacation of Granbling's Addition.  Whereas Donald L. Bacon and Margaret A. Bacon, owners of all the lots in Granbling Addition to DeKalb County, Indiana, by their attorney, Philip Butler, filed with the DeKalb County Plan Commission their petition for a vacation of Granbling's Addition to DeKalb County, Indiana, being lots Numbered one (1) through Twenty five (25) both inclusive and including streets and alleys, lying in the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Ten (10), Township Thirty Five (35) North, Range Thirteen (13) East, and

Whereas a public hearing on the aforesaid petition was held by the DeKalb County Plan Commission, in the Office of the DeKalb County Plan Commission on March 15, 1972, at 9:00 o'clock P. M. after due notice by publication in the Evening Star, a newspaper of general circulation in DeKalb County, Indiana, and

Whereas, at said public hearing the DeKalb County Plan Commission determined that a vacation of said plat, as aforesaid, should be granted and accordingly approved said petition and directed petitioners to file their Petition for Vacation of Plat with the DeKalb County Board of Commissioners for said Commissioner's approval, and

Whereas, petitioners Donald L. Bacon and Margaret A. Bacon, by their attorney, Philip Butler, filed their Petition for Vacation of Plat with the DeKalb County Board of Commissioners on or about March 21, 1972, for a vacation of Granbling's Addition to DeKalb County, Indiana, as aforesaid, and the Board of County Commissioners of DeKalb County, Indiana, being of the opinion that a vacation of Plat should be granted as set forth in petitioners, Petition for Vacation of Plat.

Now, therefore, be it resolved, that petitioners' Petition for Vacation of Plat of Granbling's Addition to DeKalb County, Indiana, is granted and zoning maps of DeKalb County, Indiana, be made to reflect such Vacations.

(Res. 052473, passed February 20, 1973)

36-6-1-9  

Vacation of Alley-St. Johns Addition. A petition by Menno J. Steiner and Bess F. Steiner to vacate a 30' alley between lots five (5) and six (6) in the Plat of St. Johns, DeKalb County, Indiana was approved.

(Res. 041574, passed April 15, 1974)

Chapter 2.
Streets and Roads

36-6-2  

Streets and Roads. 

36-6-2-1  

New ERA Steet Vacation.  WHEREAS, a petition has been filed to vacate certain Public rights of way in the Original Plat of New Era (now Butler Center) in DeKalb County, Indiana ;and

WHEREAS, the public hearing has been held pursuant to notice and Indiana Code 36-7-3-12 and the Board Of County Commissioners find that the streets are unnecessary for the future growth and development of the County, that the public ways are unimproved, and that all adjoining land owners either consent or do not object,

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

Section 1:

A. All that portion of the alley north of the north line of County Road 60 and south of the south line of Lafayette Street and located between lots number 1, 2, 3, and 4 on the west and lots numbered 21, 22, and 23 on the east, all in the Original Plat of New Era (now Butler Center), and

B. All that portion of Lafayette Street in the Original Plat of New Era east of the east line of County Road 11 and west of the west line of County Road 327, and

C. All that portion of the alley between lots numbered 5 and 20 in the Original Plat of New Era are hereby vacated.

Section 2: The Auditor of DeKalb County Indiana, is directed to furnish a certified copy of this Ordinance to the DeKalb County Recorder for recording and to the DeKalb County Auditor for transfer for taxation purposes. Further, the DeKalb County Auditor shall provide a certified copy of this Ordinance to the DeKalb County Plan Commission for amendment of the DeKalb County Master.

(Ord. 90-4, passed July 9, 1998)

36-6-2-2  

Williams Street Portion in 31-34-13 to be Vacated.  TO WIT: portion of the County Road (William Street from county Road 48 on the South and Auburn Street on the North in the East one-half (1/2) of the southwest quarter (1/4) of Section Thirty-one (31), Township Thirty-four (34) North (Union), Range Thirteen (13) East).

Comes now the DeKalb County Commissioners and having petitioned the Plan Commission of DeKalb County to authorize the amendment of the DeKalb County Thoroughfare Plan, which is a part of the County Master Plan ordinance to eliminate and vacate the following described thoroughfare: A portion of County Road (Williams street from County Road 48 on the South and Auburn Street on the North in the East one-half (1/2) of the Southwest quarter (1/4) of Section Thirty-one (31), Township Thirty-four (34) North (Union), Range Thirteen (13) East), and the Plan Commission having approved the petition;

Now be it ordained that the DeKalb County Commissioners do now order the vacating of the thoroughfare as herein described as a portion of County Road (Williams Street from County Road 48 on the South and Auburn Street on the North in the East one-half (1/2) of the Southwest quarter (1/4) of Section Thirty-one (31), Township Thirty-four (34) North (Union), Range Thirteen (13) East), and the vesting of title to the subject real estate one half each to the owners of adjacent lands and the amendment of the DeKalb County Master Plan ordinance Thoroughfare Plan and maps to reflect the elimination of said thoroughfare and all utility easements existing shall be preserved.

(Ord. 0101893, passed October 18, 1993)

36-6-2-3  

Vacate of Portion of County Road 56.  TO WIT: portion of County Road #56 between County Road 7 on the west and State Road 205 on the east (southeast) one-half (1/2) in the West half (1/2) of the Northwest quarter (1/4) of Section Fifteen (15), Township Thirty-three (33) North (Butler), Range Twelve (12) East and one-half (1/2) in the Southwest quarter (1/4) of the Southwest quarter (1/4) of Section Ten (10), Township Thirty-three (33) North (Keyser), Range Twelve (12) East.

Comes now the DeKalb County Commissioners and having petitioned the Plan Commission of DeKalb County to authorize the amendment of the DeKalb County Thoroughfare Plan, which is a part of the County Master Plan Ordinance to eliminate and vacate the following described thoroughfare: A portion of County Road #56 between County Road 7 on the west and State Road 205 on the east (southeast), one-half (1/2) in the West half (1/2) of the Northwest quarter (1/4) Of Section Fifteen (15), Township Thirty-three (33) North (Butler), Range Twelve (12) East and one-half (1/2) in the Southwest quarter (1/4) of the Southwest quarter (1/4) Of Section Ten (10), Township Thirty-three (33) North (Keyser), Range Twelve (12) East, and the Plan Commission having approved the petition;

NOW BE IT ORDAINED, that the DeKalb County Commissioners do now order the vacating of the thoroughfare as herein described as a portion of County Road #56 between County Road 7 on the west and State Road 205 on the east (southeast), one-half (1/2) in the West half (1/2) of the Northwest quarter (1/4) of Section Fifteen (15), Township Thirty-three (33) North (Butler), Range Twelve (12) East and one-half (1/2) in the Southwest quarter (1/4) of the Southwest quarter (1/4) Of Section Ten (10), Township Thirty-three (33) North (Keyser), Range Twelve (12) East and the vesting of title to the subject real estate on half each to the owners of adjacent lands and the amendment of the DeKalb County Master Plan Ordinance Thoroughfare Plan and maps to reflect the elimination of said thoroughfare and all utility easements existing shall be preserved.

(Ord. 101893a, passed October 18, 1993)

36-6-2-4  

County Road 44 Vacated between County Roads 55 and 59.  BE IT ORDAINED, that DeKalb County Road 44 from the east right of way of DeKalb County Road 55 to the west right of way of DeKalb County Road 59 is now vacated as a public road and the fee title to said land that consisted of the right of way of said portion of vacated road shall vest as follows: the south half thereof to the landowners of all of the land adjacent to said vacated road along the south side thereof and to their successors: and the north half thereof to the landowners of all of the land adjacent to said vacated road along the north side thereof and to their successors;

(Ord. 94-7, passed July 25, 1994)

36-6-2-5  

Vacation of Portion of County Road #18 in Smithfield Township.  The Commissioners signed an Order to Vacate the Following: That part of County Road # 18 in the Southwest quarter of Section 29, Township 35 North, Range 13 East, starting at a point or beginning 983 ft. north and 910 ft. east of the southwest corner of said Section 29, Township 35 North, Range 13 East, thence 354.5 ft. to the west right of way line of public highway Interstate 69.

(Res. 060765, passed June 7, 1965, amended September 20, 1976)

36-6-2-6  

Vacation of Portion of North Street, Homewood Park.  WHEREAS the DeKalb County Plan Commission has given notice of approval of the vacation of an unnamed public street described in said report as follows:

"A portion of North Street lying between Lot 1 in Block 2 and Lot 10 in Block I of Homewood Park Subdivision, which subdivision is located in the Northeast Quarter of Section 33, Butler Township, DeKalb County, Indiana being a rectangular strip 40 feet wide and 80 feet long"

NOW THEREFORE be it ordained that the following strip of public street be and is now vacated upon the report and recommendation of the DeKalb County Plan Commission:

"A portion of North Street lying between Lot I in Block 2 and Lot 10 in Block I of Homewood Park Subdivision, which subdivision is located In the Northeast Quarter of Section 33 Butler Township, DeKalb County, Indiana being a rectangular strip 40 feet wide and 80 feet long"

(Ord. 89-5, passed June 12, 1989)

36-6-2-7  

Spencerville Alley Vacation.  WHEREAS, a Petition was filed with the DeKalb County Plan Commission to vacate the following Public Way:

a portion of an alley in Spencerville, DeKalb County, Indiana, to-wit:

SUBJECT OF VACATION: All that portion of an unimproved platted alley running in an east/west direction along the south line of lot 19 of the original town or Spencerville, DeKalb County, Indiana. Said portion of the alley to be vacated herein is 16.5 feet wide by 66.0 feet in length.

WHEREAS, the DeKalb County Plan Commission held a public hearing for the vacation of the Public Way after notice of public hearing had been given in accordance with Indiana law, including notice to adjoining landowners whose land abuts the public way proposed to be vacated;

WHEREAS, the vacation of the Public Way conforms to the general policy and pattern of development set forth in the Master Plan for Zoning of DeKalb County, Indiana;

WHEREAS, the DeKalb County Plan Commission approved the vacation of the Public Way subject to any existing utility easements;

WHEREAS, the DeKalb County Plan Commission recommended to the DeKalb County Commissioners the vacation of the Public Way;

WHEREAS, the Petition for Vacation of Public Way was filed with the DeKalb County Commissioners as the legislative body for DeKalb County, Indiana; and

WHEREAS, the DeKalb County Commissioners have held a public hearing with notice as required by Indiana law, including the consideration of any objection by any person aggrieved by the proposed vacation, if any;

NOW, THEREFORE, BE IT HEREBY ORDAINED, by the DeKalb County Commissioners of DeKalb County, Indiana, that the following Public Way in DeKalb County, Indiana, shall be and hereby is, vacated, and the public use has been and is abandoned, subject to any existing utility easements, to-wit:

SUBJECT OF VACATION: All that portion of an unimproved platted alley running in an east/west direction along the south line of lot 19 of the original town or Spencerville, DeKalb County, Indiana. Said portion of the alley to be vacated herein is 16.5 feet wide by 66.0 feet in length.

AND BE IT FURTHER ORDAINED THAT A COPY OF THIS ORDINANCE be furnished to the DeKalb County Recorder for recording and to the DeKalb County Auditor to place in the County Ordinance Record Book.

(Passed January 5, 1998)

36-6-2-8  

Sunnyvale Drive Vacation. 

ARTICLE 7
DEVELOPMENT BONDS

Chapter 1
Development Bonds Requirements

36-7-1  

Development Bonds Requirements.  WHEREAS the DeKalb County Commissioners are vested with the responsibility of approving development bonds for residential platted subdivisions approved by the DeKalb County Plan Commission pursuant to the Subdivision Ordinance, Step 4, Secondary Plat, be it resolved that the described section of that ordinance by aided to include the following additional provisions:

Development bonds acceptable to the county commissioners will include the following:

a) Certified checks payable to the county for the estimated cost of the work to be completed.

b) Surety bonds issued by a licensed surety company approved by the commissioners in an amount equal to the estimated cost of the work completed.

c) Property bond, on real estate, other than the real estate in the plat, which real estate must be proven at developer's cost to be appraised at a value of at least twice the cost of the work to be completed and proven at developers cost to be free and clear of all other liens and encumbrances except taxes.

The "cost of the work to be completed" in all cases above must be proven by an engineer's or contractor's estimate acceptable to the commissioners.

Bonds will run to a date certain for the work to be completed and upon failure of the developer to meet the completion date the bond posted shall be *forfeitable to the county upon a finding by the Plan Commission of *DeKalb County that said work is not completed at a hearing before said Plan Commission upon due notice to the principal and the surety of such hearing which shall by conducted in accordance with the requirements of due process before administrative agencies.

(Ord. 87-2, passed September 21, 1987)

36-7-2-1  

County Road 23 Maintenance Bond.  WHEREAS, the DeKalb Central School District requested a permit for right of way easements on county highway roads; and

WHEREAS, the County approved that permit subject to the right of the County to require a performance bond; and

WHEREAS, the County is now requiring a performance bond of $50,000 to be effective for three years;

NOW THEREFORE, BE IT RESOLVED THAT the DeKalb County Commissioners require the DeKalb Central United School District to post a $50,000 bond for a three year period to cover maintenance of County Highway Road 23 from County Highway Road 10 to State Road 4.

(Ord. 96-5, passed July 1, 1996)

36-7-2-2  

County Road 23 Maintenance Bond (Amended).  WHEREAS, the DeKalb Central School District requested a permit for right of way easements on county roads; and

WHEREAS, the County approved that permit subject to the right of the County to require a maintenance bond; and

WHEREAS, the County is now requiring a maintenance bond of $50,000.00 to be effective for two years; and

NOW THEREFORE, BE IT RESOLVED THAT the DeKalb County Commissioners require the DeKalb Central United School District to post a $50,000.00 bond for a two year period to cover maintenance of County Highway Road 23 from County Highway Road 10 to State Road 4 after the completion of utility and sewer construction along both sides of County Road 23.

(Ord. 96-5, passed July 15, 1996)

Chapter 3
Drainage Development Bonds

36-7-3-1  

Brooke's Crossing Subdivision. 

36-7-3-1-1  

Original Drainage Bond.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Jackson Township, southeast Quarter of Section 16 Township 33 North, Range 13 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and;

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Brooke's Crossing, in Jackson Township, DeKalb County, IN;

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 31st day of December, 1996.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 96-10, passed August 22, 1996)

36-7-3-1-2  

First Amendment-Brooke's Crossing.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Jackson Township, Southeast Quarter of Section 16 Township 33 North, Range 13 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb county Surveyor and/or the DeKalb county Drainage Board regarding Brooke's Crossing, in Jackson township, DeKalb County, IN.

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 14th day of September, 1997.

As a condition of the aforesaid approval the owner deposits herewith a surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Amended Res. 96-10, passed July 28, 1996)

36-7-3-1-3  

Second Amendment-Brooke's Crossing.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Southeast Quarter of Section 16 Township 33 North, Range 13 East, Jackson Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Brooke's Crossing, in Jackson Civil Township, DeKalb County, IN.

WHEREAS, the bond agreement between the developers and DeKalb County has previously been established to expire August 14, 1997, and then extended one time to expire September 14, 1997,

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 14th day of October, 1997.

As a condition of the aforesaid approval the owner deposits herewith a surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Second Amended Res. 96-10, passed September 15, 1997)

36-7-3-1-4  

Third Amendment-Brooke's Crossing.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Southeast Quarter of Section 16 Township 33 North, Range 13 East, Jackson Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Brooke's Crossing, in Jackson Civil Township, DeKalb County, IN.

WHEREAS, the bond agreement between the developers and DeKalb County has previously been established to expire September 14, 1997, and extended a second time to expire October 14, 1997,

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 30th day of October, 1997, except for the final seeding which shall be completed on or before the 15th day of May, 1998.

As a condition of the aforesaid approval the owner deposits herewith a surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Third Amended Res. 96-10, passed October 14, 1997)

36-7-3-2  

Auburn Hills Subdivision Drainage. 

36-7-3-2-1  

Auburn Hills Section I.  WHEREAS, Auburn Hills Sec I is a platted subdivision for residential purposes in the unincorporated area of the Northwest Quarter of Section 20, Township 34 North, Range 13 East, Union Civil Township, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

WHEREAS, the Street Improvements and Drainage are not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the street improvement requirements of the DeKalb County Highway Department and the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Auburn Hills Sec I, in Union Civil Township, DeKalb County, Indiana.

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 15th day of September, 1997.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 96-14, passed September 16, 1996)

36-7-3-2-2  

Auburn Hills Section II.  WHEREAS, Auburn Hills Sec II is a platted subdivision for residential purposes in the unincorporated area of the Northwest Quarter of Section 20, Township 34 North, Range 13 East, Union Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Street Improvements and Drainage are not in conformance with the standards of DeKalb County, and;

WHEREAS, the developer-owner of the subdivision has agreed to comply with the street improvement requirements of the DeKalb County Highway Department, the City of Auburn Street Department and the DeKalb County Subdivision Ordinances and also with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Auburn Hills Sec II, in Union Civil Township, DeKalb County, Indiana,

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 15th day of September, 1997.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 96-13, passed September 16, 1996)

36-7-3-3  

Deer Run Subdivision Drainage 

36-7-3-3-1  

Deer Run Subdivision 

36-7-3-3-2  

Renewal Deer Run 

36-7-3-4  

Hartranft Subdivision 

36-7-3-4-1  

Detention Pond Bond. 

36-7-3-5  

Rustic Meadows Section II.  WHEREAS, Rustic Meadows Section II is a platted subdivision for residential purposes in the unincorporated area of the Northwest quarter of Section 18, Township 33 North, Range 12 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

WHEREAS, the developer D.D.D. Development Corporation has been advised that drainage is not in conformance with the standards of the DeKalb County Drainage Board and the requirements of the DeKalb County Drainage Board have been set out in a certain letter dated June 19, 1989 from the DeKalb County Surveyor to the developer which is on file with the Drainage Board and Planning Commission,

WHEREAS, the developer-owner of the subdivision has agreed to take certain immediate action to correct the drainage deficiencies,

NOW THEREFORE, the County Commissioners preliminarily approve the acceptance of the subdivision Rustic Meadows Section II subject to the completion of drainage within a period of one calendar year from this date.

The developer hereby places in escrow with the County Auditor a share certificate of deposit in the sum of $10,000 issued by the DeKalb County Farm Bureau Co-Op Credit Union #3749 payable to Triple D Development and the DeKalb County Commissioners which certificate shall act as a surety deposit to be forfeited to the County of DeKalb upon failure of the developer to complete the drainage improvements before one year from this date.

(Res 101689, passed October 16, 1989)

36-7-3-6  

Hearthstone Section I.  WHEREAS, Hearthstone, Section I is a platted subdivision for residential purposes in the unincorporated area of the Wilmington Township Quarter of Section 26 Township 34 North, Range 14 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and;

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Hearthstone, Section I, in Wilmington Township, DeKalb County, IN;

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 30th day of September, 1996.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete improvements outlined above.

(Res. 96-8, passed July 15, 1996)

36-7-3-7  

Garrison's Homestead (Second Additions) Plat Accepted.  Whereas, the Second Addition to Garrison's Homestead is a platted subdivision for residential purposes in the unincorporated area of the Southwest Quarter of Section 4, Township 33 North, Range 12 East, Keyser Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

Whereas, the Drainage are not in conformance with the standards of DeKalb County, and

Whereas, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding the Second Addition to Garrison's homestead, in Keyser Civil Township, DeKalb County, Indiana,

Now Therefore, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 23rd day of July , 1997.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 97-8, passed May 5, 1997)

ARTICLE 8
AMENDMENTS TO ZONING ORDINANCE

Chapter 1
Zoning Map of DeKalb County Amended

36-8-1  

Zoning Map of DeKalb County Amended.  Whereas the DeKalb County Plan Commission has recommended the approval of the petition of Glenn L. Wilber and Gina M. Wilber and others to amend the Zoning Map of DeKalb County, Indiana by reclassifying from the C-RS District to the C-11 District the property in Sections 27, 28 and 33 of Township 34 North, Range 14 East in DeKalb County, Indiana consisting of 745 acres more or less which is more particularly described in Exhibit "A" attached hereto and made a part hereof.,

After do consideration of the recommendation of the DeKalb County Commissioners do now ordain as follows:

That the Zoning Map of DeKalb County be amended by reclassification from the C-RS District to C-11 District the property in Sections 27, 28 and 33 in Township 34 North, Range 14 East, DeKalb County, State of Indiana as more particularly described in Exhibit "A" attached hereto and made a part hereof.

(Ord. 94-4, passed May 2, 1994)

Chapter 2
Amendment of Plan Commission Ordinances in Minutes,
Dated December 21, 1964

36-8-2  

Amendment of Plan Commission Ordinances in Minutes  

Dated December 21, 1964. WHEREAS, The Board of Commissioners of the County of DeKalb has upon its own motion examined the minutes of its meeting held on December 21st, 1964 insofar as said minutes refer to the matter of the Plan Commission ordinances, and has examined the zoning maps relating thereto and has examined a copy of the minutes of the DeKalb County Plan Commission, and has been advised by Mr. Cecil Fitch, who was present at said meeting, and

WHEREAS: The Commissioners now find that said minutes of said meeting held on December 21st, 1964 are inadequate and ambiguous and do not fully disclose the action taken at said meeting.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB that said minutes of the meeting of said Board held on December 21st, 1964 insofar as said minutes relate to the matter of Plan Commission (ordinances) be and they hereby are amended nunc pro tunc to read an follows:

"The following ordinances were adopted and signed by the Commissioners with the following exceptions: The Commissioners passed the zoning ordinance and zoning maps, as amended by the DeKalb County Plan Commission rezoning 10 acres in the south west corner of the southwest quarter of the southwest quarter of Section 35, Township 33 North, Range 12 east, and placing said 10 acres in an open industries, district classifying the same C-11.

Zoning ordinances

Improvement Location Permit ordinances

Major Street and Highway Plan ordinances

Subdivision Control ordinances

(Res. 67-2, passed January 16, 1967)

Chapter 3
Water and Sewage Plan Executed by Plan Commission
Shall Be Governed by FHA Forms 400-1 and 400-4

36-8-3  

Water and Sewage Plan Executed by Plan Commission Shall Be Governed by FHA Forms 400-1 and 400-4.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY INDIANA, That WHEREAS, The Board of County Commissioners have applied for a grant from the Federal Government for the purpose of making a comprehensive county wide water and sewage plan, and

WHEREAS, to cooperate and comply with rules and regulations set forth by the Farmers Home Administration, United States Department of Agriculture, and

WHEREAS, as certain forms relating to Nondiscrimination and Equal Opportunity have been executed by the Commissioners of DeKalb County, Indiana, FHA Forms 400-1 and 400-4, and

WHEREAS, the DeKalb County Plan Commission is the Agency executing a contract FHA Form 442-15 (revised 5-5-67 with a Planner and that said County Plan Commission shall be governed by the Provisions of FHA Forms 400-1 and 400-4.

BE IT RESOLVED THEREFORE, that the DeKalb County Plan Commission shall be governed by the provision of FHA Forms 400-1 and 400-4.

(Res. 67-7, passed July 31, 1967)

Chapter 4
Acceptance of Sandy Valley Subdivision

36-8-4  

Acceptance of Sandy Valley Subsivision.  WHEREAS, Sandy Valley is a plated subdivision for residential purposes in the unincorporated area of the southwest quarter of Section 13, Township 33 North, Range 12 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

WHEREAS, the principal street of said subdivision is Crestview Drive, which is not in conformance with the standards of the DeKalb County Highway Department for public thoroughfares, and

WHEREAS, the developer-owner of the subdivision has agreed to take certain immediate action to make Crestview Drive usable as a public thoroughfare temporarily and to bring it to standard within the period of five (5) years,

NOW THEREFORE, the County Commissioners approve the acceptance of the subdivision Sandy Valley as recorded and the temporary acceptance of Crestview Drive as a public highway subject to the conditions that said highway shall not be permanently accepted as a county highway until the street is paved to county standards with proper base and surface including a culdesac at the north end or in the alternative the completion of said street in a northerly direction within a period of five years from this date. During said interim period of five (5) years the culdesac area must be gravel to a sufficient depth to handle normal traffic flow in the subdivision.

(Res. 82-2, passed November 8, 1982)

ARTICLE 9
HOUSE NUMBERS DISPLAY ORDINANCE

36-9  

House Numbers Display Ordinance.  WHEREAS, the County Commissioners for DeKalb County, Indiana have determined that to ensure the continued health and safety of the general public, a set of rules are required for prescribing street address numbering locations and number size; and

WHEREAS, the County Commissioners for DeKalb County, Indiana, have received concerns from Police, Fire and Emergency Medical Services that it is difficult to locate some residences or businesses in the County of DeKalb because there are no street address numbers or, if present, are incorrect or, are inadequate for identification; and

WHEREAS, the County Commissioners for DeKalb County, Indiana, have determined that without adequate street address numbers, emergency service responses could be slower, thus potentially aggravating emergency situations;

BE IT THEREFORE ORDAINED BY THE COUNTY COMMISSIONERS FOR DEKALB COUNTY, INDIANA;

Section 1.   Definitions.
1.01 Residence is any structure wherein persons live as distinguished from a business or industry.
1.02 Street Address Numbers are those identifying numerals which are consistent with identification as set forth by the DeKalb County Building Commissioner and/or his/her designee, which are recognized by the United States Postal Service and which are the correct numerals to properly identify the location of the property within DeKalb County.
1.03 House is considered as a structure which may contain one or more residences.
1.04 Apartments are structures which may include multi-family residences.
1.05 Business and/or Industry is an establishment located in some structure which is a purveyor of goods or services.
Section 2.   Minimum Requirements.
2.01 Every house, residence, apartment, business and industry within the County borders of DeKalb County, Indiana shall have numbers identifying the location. These numbers are herein referred to as street address numbers for all structures subject to this Ordinance.
2.02 All street address numbers shall be displayed on a mailbox, mailbox post or separate post and shall be easily visible from the road when traveling in either direction. The street address number display shall be minimum height of three feet and maximum height of five feet above road grade as measured from the midpoint of the sign. Alternatively, if displayed on the mailbox post, the street address number display may be mounted directly below the mailbox so long as the midpoint of the sign is no less than two and one-half feet above road grade. In the event the structures to be identified by said street address numbers are situated in such a way that the display of those numbers as the sole means of identification does not adequately identify the structure in the opinion of the DeKalb County Building Commissioner and/or the DeKalb County 911 Coordinator, then the owner of the structure may also be required to display the street address numbers affixed to the structure in the size and colors as required below. In the event the second display is necessary then the DeKalb County Building Commissioner and/or the DeKalb County 911 Coordinator shall set forth in writing to the owner of the property the reasons for said second display.
2.03 All street address numbers shall be white reflective lettering on a green background which can be seen easily when viewed from the street while in a vehicle. Should an additional display of address numbers be required on the structure as noted in subsection 2.02 above, it is required that the numbers of said additional display be a color contrasting or nearly contrasting with the background surface color upon which they are mounted.
2.04 There shall be no obstructions to preclude the street address numbers from being seen as noted in subsections 2.02 and 2.03 above.
2.05 All street address numbers shall be a minimum of three (3) inches in height and one and one-half (1 & 1/2) inches in width.
2.06 No occupancy permit for new construction will be issued until proper numbers are erected either by contractor or residence owner.
2.07 A property with a non-conforming address display of the correct address which does not meet the size and color requirements of this ordinance may continue to be used should it substantially fulfill the intent of the ordinance and adequately identify the property in the opinion of both the Building Commissioner and the 911 Coordinator or his designee. In the event a non-conforming address display of the correct address is approved for continued use under this section, then the owner of the property shall be sent a letter approving said use by either the Building Commissioner or the 911 Coordinator or the 911 Coordinator's designee. A copy of this letter shall be kept on file in the Plan Commission Office.
Section 3.   Penalties
3.01 Any person, firm, corporation, or governmental unit, 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 thirty dollars ($30.00). Each month of continued violation shall be considered a separate violation subject to $30.00 per month penalty until corrected. For purposes of this ordinance, a month shall constitute thirty-one (31) days.
3.02 The penalties herein shall not exceed $60.00 in aggregate for a first offense or $120.00 in aggregate for subsequent offenses by the same person, firm, corporation, or governmental unit for the same property.
3.03 A minimum time period of ninety days must pass between each offense with proper notice given to the person, firm, corporation, or governmental unit violating this ordinance and proper time allowed as provided herein in order to allow the person, firm, corporation, or governmental unit to comply with this ordinance and thereby cease said violation.
3.04 That portion of any fees collected which are necessary to purchase address numbers for the person, firm, corporation, or governmental unit in violation shall be so spent and the purchased numbers shall then be provided to the person, firm, corporation, or governmental unit for proper posting. The remaining portion of any fees collected shall be deposited into the DeKalb County general fund.
3.05 Said penalty or penalties may be collected in any suit by the Plan Commission, the Building Commissioner, or the Sheriff's Department in any action against a violator of any provision of this ordinance.
3.06 Notwithstanding any provision herein to the contrary, in the event the street address number relied upon for the house, residence, apartment, business or industry was incorrectly assigned by the DeKalb County Plan Commission, the DeKalb County Building Commissioner, or the United States Postal Service, then the penalty provisions shall not apply until one year after the correct number has been assigned to the house, residence, apartment, business or industry by the County.
3.07 Each notice sent shall constitute an offense for purposes of the penalty provisions of this ordinance.
Section 4.   Enforcement
4.01 It shall be the responsibility of the DeKalb County Sheriff's Department, the Fire Departments, the DeKalb EMS, the DeKalb County Plan Commission or the DeKalb County Building Commissioner to report any violation of this ordinance to an enforcing authority. The DeKalb County Sheriff's Department, the DeKalb County Plan Commission and/or the DeKalb County Building Commissioner may institute a suit for injunction in a Court of DeKalb County to restrain an individual, a corporation, or a governmental unit from violating the provisions of this ordinance. Failure to enforce a provision of this ordinance shall in no event be deemed a waiver of the right to thereafter enforce the same.
4.02 Enforcement will be accomplished as follows:
4.021 Upon notice of violation of Section 2, an initial letter will be sent by the DeKalb County Building Commissioner and/or the DeKalb County 911 Coordinator to the offending party, advising of the violation. Said letter shall be sent by certified mail with return receipt to ensure its delivery. In the alternative, said letter may be personally served on the offending party by the DeKalb County Sheriff's Department and such delivery duly noted.
4.022 The violator or violators will be allowed ninety (90) days from receipt of the notice in which to correct or cure the violation(s).
4.023 The DeKalb County Building Commissioner and/or the DeKalb County 911Coordinator may then, at their discretion, serve a second notice of no less than thirty (30) days through legal counsel acting on their behalf.
4.024 If the violation is not cured or corrected to the satisfaction of the DeKalb County Building Commissioner and/or the DeKalb County 911 Coordinator within the ninety (90) day period and after expiration or waiver of the subsequent thirty (30) day period, a notice of imposition of penalty shall be delivered to the responsible violator.
4.03 The DeKalb County Building Commissioner or designee shall collect all paid penalties through the DeKalb County Plan Commission for those suits initiated by the DeKalb County Building Commissioner. The DeKalb County Sheriff's Department or designee shall collect all paid penalties for those suits initiated by the DeKalb County 911 Coordinator.
4.04 The DeKalb County Plan Commission shall initiate suit for collection for all penalties assessed due to action by the Building Commissioner yet unpaid. The DeKalb County Sheriff's Department shall initiate suit for collection for all penalties assessed due to action by the 911 Coordinator yet unpaid.
Section 5.   Separability.

The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.

Section 6.   Effective Date.

This Ordinance shall be effective one-hundred eighty (180) days following the last date of publication and upon passage by the DeKalb County Commissioners and signing by the DeKalb County Commissioners and the DeKalb County Auditor.

First Reading May 26, 1998
Second Reading June 15, 1998
Third Reading June 29, 1998

PASSED AND ADOPTED by the DeKalb County Commissioners of DeKalb County, Indiana this 29th day of June, 1998

ARTICLE 10
DEKALB COUNTY PLAN COMMISSION

Chapter 1
Creation of DeKalb County Plan Commission

36-10-1  

Creation of DeKalb County Plan Commission.  BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA:

WHEREAS, It is the considered judgment of the members of the Board of Commissioners for DeKalb County, State of Indiana, that it would be for the best interests of the citizens of the County of DeKalb to improve the present health, safety, convenience and welfare and to plan for the orderly development of' the community and it's environs, to the end that adequate highways, utilities, matters of health, education and recreation, be carefully planned, to provide healthful surroundings for family life; that the needs of the community be recognized in future growth and that the growth of the community be commensurate with the promotive of the efficient and economical use of public funds.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, that a Plan Commission be, and the same is hereby created and established pursuant to the terms of and under the authority of Chapter 174, Acts of 1947, and all acts amendatory or supplementary thereto, General Assembly of the State of Indiana.

Section 1. That said County Plan Commission shall consist of nine members. Four (4) official members shall be appointed as follow: One (1) member selected by the Board of County Commissioners from its membership; The County Surveyor by virtue of his office and the County Agricultural Agent by virtue of his office; the county superintendent of schools. In the event that there be in the county government no such office as county superintendent of schools or county surveyor, the county commissioners shall appoint an additional citizen member to the plan commission for each such non-existent position. The official members shall serve during the term of their respective elective or appointive office.

The Board of County Commissioners shall appoint five (5) citizens members, not more than three (3) of whom shall be members of the same political party. The citizen members shall be appointed for the following terms: One for a term of one year; one for term of two years; one for a term of three years; two for a term of four years. The terms shall expire on the first Monday of January of the first, second, third or fourth year, respectively, following their appointment. Thereafter, as the terms expire, each new appointment shall be for a term of four years.

Section 2. BE IT ORDAINED FURTHER, that upon the enactment of the ordinance creating a county plan commission by the Board of County Commissioners, the Board of County Commissioners shall select a member of its body to serve on the plan commission. The term of the appointed member shall be co-extensive with the term of office to which he has been elected. unless the Board of County Commissioners on its first regular meeting of each year appoints another to serve as its representative

The Board of County Commissioners shall fill any vacancy occurring in its membership on the said plan commission.

Section 3. BE IT ORDAINED FURTHER, if a vacancy occurs by resignation or otherwise among the citizen members, the Board of County Commissioners shall appoint a member for the unexpired term.

Section 4. BE IT FURTHER ORDAINED, that the citizen members shall be qualified by knowledge and experience in matters pertaining to the development of the county and shall hold no other office in county government. Members shall be residents of the county and shall be chosen by location of residence within the county, one (l) each from each commissioners district and two (2) chosen at large. Citizen members shall reside in the area over which the plan commission has jurisdiction, except however, that in case the majority of the area in any commissioner district may lie outside the area over which the plan commission has the jurisdiction, the representative of the district may be appointed from any part of that commissioner district.

Section 5. BE IT FURTHER ORDAINED), that upon appointment of the members of such Plan Commission, such members shall meet and elect one of their members President and one Vice President, and shall appoint, prescribe the duties and fix the compensation of a secretary, and such employees as are necessary for the discharge of the duties and responsibilities of the said Commission.

Section 6. That hence forth, all subject matters in the County of DeKalb within the scope of the rights and duties of a Plan Commission, as defined and set up by the statute of the State of Indiana, be considered and determined by the Plan Commission herein and hereby created.

(Ord. 63-5, passed July 15, 1963)

Chapter 2
DeKalb County Plan Commission Approval Required

36-10-2  

DeKalb County Plan Commission Approval Required.  The Commissioners prepared an ordinance prohibiting, for a period of one (1) year from the date of the passage, the erection, construction, alteration or use of property or buildings for business or industrial purposes in residence neighborhoods or agricultural areas with in the jurisdiction of the DeKalb County Plan Commission, without the approval of the DeKalb County Plan Commission; defining residence neighborhoods and agricultural areas; making certain exceptions and providing penalties for the violation of any of its provisions.

(Ord. 64-3, passed March 9, 1964)

Chapter 3
Acceptance of Auburn City Plan Commission Jurisdiction

36-10-3  

Acceptance of Auburn City Plan Commission Jurisdiction.  The following Resolution was presented to the Commissioners:

WHEREAS, the Auburn City Plan Commission of the City of Auburn, Indiana, did on the 10th day of October, 1956 adopt a resolution defining the jurisdictional area of said commission, a copy of which resolution is attached hereto, marked "Exhibit A", and by this reference made a part hereof, and which resolution was duly recorded in the office of the recorder of DeKalb County, Indiana, in Miscellaneous Record V at page 216, and

WHEREAS, said plan Commission did on the 18th day of December, 1957, duly adopt an amendment to said resolution, a copy of which is attached hereto, marked "Exhibit B", and by this reference made a part hereof, and which resolution was duly recorded in the office of the Recorder of DeKalb County, Indiana, in Miscellaneous Record W at page 38, and

WHEREAS, thereafter and upon this day of, 1959, pursuant to the adoption of a master plan for the City of Auburn, Indiana, and said jurisdictional area, the Common Council of said City duly adopted a zoning ordinance, a thoroughfare ordinance, and a subdivision control ordinance for said City and jurisdictional areas, and

WHEREAS, said City of Auburn is presently engaged in exhaustive research with regard to the characteristics of said City and its population, commerce, industry, and related matters preparatory to the preparation of a new master plan for said City and Said jurisdictional area outside of said City, and

WHEREAS, said City of Auburn will be expected to furnish essential services, such as fire protection, sewage disposal, water supply and electric power in said jurisdictional area, and

WHEREAS, said City of Auburn will be expected to annex such areas thereof as may be or become contiguous to said City, and

WHEREAS, the proposed master plan, zoning ordinance, thoroughfare ordinance and subdivision control ordinance of the DeKalb County Plan Commission, of DeKalb County, Indiana, differs materially from the similar ordinance of the City of Auburn, Indiana, to the effect that upon such annexation there will be numerous non-conforming uses in such annexed areas upon such annexations, and

WHEREAS, said jurisdictional area in essential to the future growth of the City of Auburn; is economically and culturally integrated with said City; and is dependent upon said City for essential public services,

NOW, THEREFORE, BE IT RESOLVED BY THE AUBURN CITY PLAN COMMISSION OF THE CITY OF AUBURN, INDIANA, THAT said commission do hereby petition the Board of Commissioners of the County of DeKalb, in the State of Indiana, that said board of Commissioners of the County of DeKalb do, by ordinance duly adopted under and pursuant to Section 34 of Chapter 174, of the Acts of the General Assembly of Indiana, 1947, as amended, (Burns Indiana Statutes  53-734) continue the jurisdiction of the Auburn City Plan Commission of the City of Auburn, Indiana, over the territory described in said resolutions attached hereto marked "Exhibit A" and "Exhibit B"or such parts or parcels thereof as shall by said Board of Commissioners of the County of DeKalb at its next meeting.

(Res. 112364, passed November 18, 1964)

ARTICLE 11
FLOOD PLAIN MANAGEMENT ORDINANCE

36-11  

Flood Plain Management Ordinance.  AN ORDINANCE AMENDING THE MASTER PLAN OF DEKALB COUNTY, INDIANA, WHICH INCLUDES THE ORIGINAL ZONING ORDINANCE NO. 1 THROUGH 4 AS WELL AS SUCH AMENDMENTS BY ZONING ORDINANCE ENACTED AFTER THE 21ST DAY OF DECEMBER, 1964, AS FOLLOWS:

WHEREAS, the Federal Government has laws affecting flood zone areas in DeKalb County; and

WHEREAS, DeKalb County is desirous of cooperating with the enforcement of said flood zone for the benefit of public welfare; and

WHEREAS, the Indiana Legislature has, by State Legislation dealing with planning and zoning, granted the power to local units of government (I.C. 36-7-4) to control land use within the jurisdiction to accomplish the following:

I.   STATEMENT OF PURPOSE

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

A.   to prevent unwise developments from increasing flood or drainage hazards to others;
B.   to protect new buildings and major improvements to buildings from flood damage;
C.   to protect human life and health from the hazards of flooding;
D.   to lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;
E.   to maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and
F.   to make federally subsidized flood insurance available for structures and their contents in the County by fulfilling the requirements of the National Flood Insurance Program.
II.   FLOOD OVERLAY DISTRICTS
A.   The Flood Plain Districts are established as "overlay" districts, meaning that the districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district. In other words, any of the permitted uses identified in this chapter shall also be permitted by the zoning regulations for the district which the use is to be placed.
III.   DEFINITIONS

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

A.   Building - See "structure".
B.   Development - any improvement or change to property brought about by human activity, including, but not limited to:
1.   construction, reconstruction or placement of a building or any addition to a building valued at more than $1,000.00;
2.   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;
3.   installing utilities, erection of walls and fences, construction of roads or similar projects;
4.   construction of flood control structures such as levees, dikes, dams, channel improvements, etc;
5.   mining, dredging, filling, grading, excavation or drilling operations;
6.   construction and/or reconstruction of bridges or culverts;
7.   storage of materials; or
8.   any other activity that might change the direction, height or velocity of flood or surface waters.

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

C.   Existing Manufactured Home Park or Subdivision - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this ordinance.
D.   Expansion to an Existing Manufactured Home Park or Subdivision - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete).
E.   FBFM - Flood Boundary and Floodway Map.
F.   FEMA - Federal Emergency Management Agency.
G.   FHBM - means Flood Hazard Boundary Map.
H.   FIRM - means Flood Insurance Rate Map.
I.   Flood - a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
J.   Flood Plain - 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 floodway fringe districts.
K.   Flood Protection Grade or the "FPG" - means the elevation of the regulatory flood plus two feet at any given location in the SFHA.
L.   Floodway - means the channel of a river or stream and those portions of the floodplain 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.
M.   Floodway Fringe - means those portions of the floodplain lying outside of the floodway.
N.   Letter of Map Amendment (LOMA) - An amendment to the currently effective FEMA map that establishes that a property is not located in a Special Flood Hazard Area (SFHA). A LOMA is only issued by FEMA.
O.   Letter of Map Revision (LOMR) - An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
P.   Lowest Floor - means the lowest of the following:
1.   The top of the basement floor;
2.   The top of the garage floor, if the garage is the lowest level of the building;
3.   The top of the first floor or of buildings elevated on pilings or construction on a crawl space with permanent openings; or
4.   The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:
a.   the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade.
b.   Such enclosed space shall be usable for the parking of vehicles and building access.
Q.   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".
R.   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 this ordinance.
S.   Recreational Vehicle - means a vehicle which is:
1.   built on a single chassis;
2.   400 square feet or less when measured at the largest horizontal projections;
3.   designed to be self-propelled or permanently towable by a light duty truck; and
4.   designed primarily not for use as a permanent dwelling, but as a temporary living quarters for recreational camping, travel, or seasonal use.
T.   Regulatory Flood - means the flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section IV of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood".
U.   SFHA or Special Flood Hazard Area - means those lands within the jurisdiction of the County that are subject to inundation by the regulatory flood. The SFHAs of the County are generally identified as such on the Flood Insurance Rate Map of the County prepared by the Federal Emergency Management Agency and dated January 5, 1989.
V.   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.
W.   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 which have incurred "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as "historic structure".
IV.   DUTIES OF THE ADMINISTRATOR

The Building Commissioner shall implement this ordinance. The Building Commissioner is appointed to review all development and subdivision proposals to insure compliance with this ordinance, including but not limited to the following duties:

A.   Ensure that all development activities within the SFHAs of the jurisdiction of the County meet the requirements of this ordinance.
B.   Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.
C.   Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to Section VI of this ordinance, and maintain a record of such authorization (either copy of actual permit or letter of recommendation).
D.   Maintain a record of the "as-built" elevation of the top of the lowest floor (including basement) of all new and/or substantially improved buildings constructed in the SFHA. Inspect before, during and after construction.
E.   Maintain a record of the engineer's certificate and the "as-built" floodproofed elevation of all buildings subject to Section VII of this ordinance.
F.   Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this ordinance. Submit reports as required for the National Flood Insurance Program.
G.   Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and letters of recommendation, federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this ordinance.
V.   PERMITTED USES IN THE FLOOD PLAIN DISTRICT
A.   The following uses have a low flood damage and potential and do not obstruct flood flows. These uses shall be permitted by right within the Flood Plain District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment:
1.   Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries, and vineyards.
2.   Forestry, wildlife areas, and nature preserves.
3.   Parks and recreational uses, such as golf courses, driving ranges and play areas.
VI.   REGULATORY FLOOD ELEVATION

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

A.   The regulatory flood elevation and floodway limits for the SFHAs of DeKalb County shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the County dated January 5, 1989 and the corresponding FIRMs dated January 5, 1989 prepared by the Federal Emergency Management Agency.
B.   The regulatory flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the County.
C.   The regulatory flood elevation for each of the remaining SFHAs delineated as an "A Zone" on the Flood Insurance Rate Map of the County shall be according to the best data available as provided by the Department of Natural resources.
VII.   IMPROVEMENT LOCATION PERMITS

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

A.   The application for an Improvement Location Permit shall be accompanied by the following:
1.   A description of the proposed development.
2.   Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams.
3.   A legal description of the property site.
4.   A site development plan showing existing and proposed development locations and existing and proposed land grades.
5.   Elevation of the top of the lowest floor (including basement) of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or in North American Vertical Datum (NAVD). In either case, the conversion formula should be included.
B.   Upon receipt of an application for an Improvement Location Permit, the Building Commissioner shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined.
1.   If the site is in an identified floodway the Building Commissioner shall require the applicant to forward the application, along with all pertinent plans and specifications to the Department of Natural Resources and apply for a permit for construction in a floodway.

Under the provisions of IC 13-2-22 a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the building.

No action shall be taken by the Building Commissioner until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Building Commissioner may issue the local Improvement Location Permit, provided the provisions contained in Sections VI and VII of this ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission.

2.   If the site is located in an identified floodway fringe, then the Building Commissioner may issue the local Improvement Location Permit provided the provisions contained in Section VI and VII of this ordinance have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade (FPG).
3.   If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined (shown as Zone A on the Flood Insurance Rate Map), and the drainage area upstream of the site is greater than one square mile, the Building Commissioner shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment. The application shall also be forwarded to the DeKalb County Board of Appeals for approval.

No action shall be taken by the Building Commissioner until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources. Also, prior to any action being taken by the Building Commissioner, a letter shall have been received from the DeKalb County Board of Appeals stating that the development has been approved.

Once the Building Commissioner has received the proper permit or letter of recommendation approving the proposed development from the Department of Natural Resources and a letter of approval from the DeKalb County Board of Appeals, an Improvement Location Permit may be issued, provided the conditions of the Improvement Location Permit are not less restrictive than the conditions received from the Natural Resources and the DeKalb County Board of Appeals and the provisions contained in Section VI and VII of this Ordinance have been met.

VIII.   PREVENTING INCREASED DAMAGES

No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.

A.   Within the floodway identified on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map, the following standards shall apply:
1.   No development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and
2.   For all projects involving channel modifications or fill (including levees) the County shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.
B.   Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/floodway fringe delineation has been provided) the following standard shall apply:
1.   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood damages or potential flood damages.
C.   Public Health Standards in all SFHAs
1.   No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of Section VII of this ordinance.
2.   New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the FPG, or those which are located below the FPG are watertight.
IX.   PROTECTING BUILDINGS

In addition to the damage prevention requirements of Section VI, all buildings to be located in the SFHA shall be protected from flood damage below the FPG.

A.   This building protection requirement applies to the following situations:
1.   Construction or placement of any new building valued at more than $1,000;
2.   Structural alterations made to an existing building that increase the market value of the building by more than 50% (excluding the value of the land);
3.   Any subsequent alterations;
4.   Reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred;
5.   Installing a manufactured home on a new site or a new manufactured home on an existing site. This ordinance does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and
6.   Installing a travel trailer or recreational vehicle on a site for more than 180 days.
B.   This building protection requirement may be met by one of the following methods. The Building Commissioner shall maintain a record of compliance with these building protection standards as required in Section III of this ordinance.
1.   A residential or nonresidential building may be constructed on a permanent land fill in accordance with the following:
a.   The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test method.
b.   The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPG.
c.   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If the vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical.
d.   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
e.   The top of the lowest floor including basements, (see definition of lowest floor in Section II Definitions) shall be at or above the FPG.
2.   A residential or nonresidential building may be elevated in accordance with the following:
a.   The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided:
(1)   Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade.
(2)   Any enclosure below the elevated floor is used for storage of vehicles and building access.
b.   The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris.
c.   All areas below the FPG shall be constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, hearing, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
3.   Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements:
a.   The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site:
(1)   Outside a manufactured home park or subdivision;
(2)   In a new manufactured home park or subdivision;
(3)   In an expansion to an existing manufactured home park or subdivision or
(4)   In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood.
b.   This requirement applies 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 at or above the flood protection grade and is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

4.   Recreational vehicles placed on a site shall either:
a.   Be on the site for less that 180 consecutive days;
b.   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
c.   Meet the requirements for "manufactured homes" in paragraph 3 of this section.
5.   A non-residential building may be floodproofed to the FPG (in lieu of elevation) if done in accordance with the following:
a.   A Registered Professional Engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.
b.   Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
X.   OTHER DEVELOPMENT REQUIREMENTS
A.   The Building Commissioner shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere by ordinance. If the Building Commissioner finds the subdivision to be so located, the Building Commissioner shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Building Commissioner shall require appropriate changes and modifications in order to assure that:
1.   It is consistent with the need to minimize flood damages;
2.   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
3.   Adequate drainage is provided so as to reduce exposure to flood waters;
4.   Onsite waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.
B.   Developers shall record the 100 year flood elevation on all subdivision plats containing lands (identified elsewhere by this ordinance) within a flood hazard area prior to submitting the plats for approval by the Plan Commission.
C.   All owners of manufactured home parks or subdivisions located within the SFHA identified as Zone A on the community's FHBM or FIRM shall develop an evacuation plan for those lots located in the SFHA and file it with the local Plan Commission and have it filed with and approved by the appropriate community emergency management authorities.
XI.   NON-CONFORMING USES
A.   Any existing building, structure, or use of land in the Flood Plain District which is not in conformance with this ordinance, constitutes a non-conforming use. All applications to repair, extend or enlarge a non-conforming use shall be forwarded to Natural Resources for review and comment. No Improvement Location Permit to repair, extend or enlarge a non-conforming use shall be issued without the approval of the Board of Zoning Appeals pursuant to the Variance procedure hereinafter set forth. All terms and conditions imposed by Natural Resources shall be incorporated into the issuance of any local permit.
XII.   VARIANCES
A.   The Board of Zoning Appeals may issue a variance to the terms and provisions of this ordinance provided that the applicant demonstrates that:
1.   There exists a good and sufficient cause for the requested variance as specified in I.C. 36-7-4-918.4;
2.   The strict application of the terms of this ordinance will constitute an exceptional hardship to the applicant; and
3.   The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinance.
B.   The Board of Zoning Appeals may issue a variance to the terms and provisions of this ordinance subject to the following standards and conditions:
1.   No variance for a residential use within a floodway subject to Section VI (a) or (b) of this ordinance may be granted.
2.   Any variance granted in a floodway subject to Section VI (a) or (b) of this ordinance will require a permit from Natural Resources.
3.   Variances to the Building Protection Standards of Section VII 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.
4.   Variances may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects.
5.   All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and
6.   The Board of Zoning Appeals shall issue a written notice to the recipient of a Variance that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums.
C.   These requirements are in addition to the Findings of Fact and the established procedures presently followed by the Board of Zoning Appeals for applications or a Variance pursuant to State Law, local Zoning Ordinances, other requirements of this ordinance and the rules of procedure adopted by the Board of Zoning Appeals.
XIII.   DISCLAIMER OF LIABILITY
A.   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 DeKalb County, DeKalb County Plan Commission, DeKalb County Board of Appeals, DeKalb County Building Commissioner, Natural Resources or the State of Indiana for any flood damages that result from reliance on this ordinance or any administrative decision made lawfully thereunder.
B.   This ordinance shall be interpreted in pari materia with the existing Zoning Ordinances of DeKalb County and the established procedures in said ordinance and shall be deemed supplemental to the requirements of said ordinances as now exist or as amended.
XIV.   VIOLATIONS
A.   Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the requirements of a permit or conditions of a Variance shall be deemed to be a violation of this ordinance.

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 $100.00 a day penalty until corrected. The penalties herein shall not exceed $2500.00 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.

XV.   ABROGATION AND GREATER RESTRICTIONS
A.   This Ordinance repeals and replaces other ordinances adopted by the County Commissioners to fulfill the requirements of the National Flood Insurance Program. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, the County Commissioners shall assure that all National Flood Insurance Program regulations and laws (310 IAC 6-1-1, IC 13-2-22 and IC 13-2-22.5) are met.
XVI.   SEPARABILITY
A.   The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
XVII.   EFFECTIVE DATE

This ordinance shall take effect upon its passage by the DeKalb County Commissioners.

(Ord. ZO No. 5, passed on June 21, 1993)



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