TABLE OF CONTENTS CHAPTER 80: AREA ZONING CODE
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1 TABLE OF CONTENTS CHAPTER 80: AREA ZONING CODE RIPLEY COUNTY, INDIANA SECTION PREAMBLE : SHORT TITLE : ESTABLISHMENT OF DISTRICTS AND ZONE MAP 3 (A) District s and Designations 3 (B) Zone Map 3 (C) Flood Plain District : INTERPRETATION OF DISTRICT BOUNDARIES 4 (A) Centerlines of Streets and Boundaries 4 (B) Existing Lines 4 (C) Railroad Lines 4 (D) Shore Lines and Waterways 4 (E) Use of Scale on Zone Map 4 (F) Board May Determine 4 (G) Vacations and Relocations 4 (H) Lines Splitting Lots : APPLICATION OF DISTRICT REGULATIONS 5 (A) Regulations Apply 5 (B) Lot Areas and Yards May not be Encroached Upon 5 (C) Yards Are Separate 5 (D) No Reduction in Yards : PROCEDURE RELATING TO AREA, WHICH MAY BECOME SUBJECT TO ZONING GENERAL PERFORMANCE STANDARDS 6 (A) Fire Protection 6 (B) Electrical Disturbance 6 (C) Noise 6 (D) Vibration 6 (E) Odor 6 (F) Air Pollution 6 (G) Heat and Glare 6 (H) Water Pollution 6 (I) Waste Matter 6 i
2 80.07 NONCONFORMING BUILDINGS AND USES 7 (A) May Be Extended 7 (B) May Be Changed 7 (C) Use Cannot Be Changed To Nonconforming Use 7 (D) No Building Erected On Nonconforming Use Premises 7 (E) Temporary Nonconforming Use 7 (F) Discontinuance of Nonconforming Use 7 (G) Damage to Nonconforming Use 7 (H) Honoring Previous Permits 8 (I) Buildings May Be Made Safe 7 (J) Nonconforming Use Resulting From Amendment 7 (K) Nonconforming Use in Flood Plain District : NONCONFORMING LOT AREAS AND WIDTHS : A-1 PRIME AGRICULTURE DISTRICT 8 (A) Permitted Uses 8 (B) Other Requirements for the A-1 District 8 (C) Method for Reclassifying an A-1 District to an A-2 District for Subdivision Purposes : A-2 AGRICULTURE DISTRICT 9 (A) Permitted Uses 9 (B) Other Requirements for the A-2 District : FR FOREST RECREATION DISTRICT 10 (A) Permitted Uses 10 (B) Other Requirements for the FR District : R-1 SINGLE-FAMILY RESIDENCE DISTRICT 10 (A) Permitted Uses 10 (B) Other Requirements for the R-1 District : R-2 MULTI-FAMILY RESIDENCE DISTRICT 11 (A) Permitted Uses 11 (B) Other Requirements for the R-2 District : R-3 MULTI-FAMILY RESIDENCE DISTRICT 11 (A) Permitted Uses 11 (B) Other Requirements for the R-3 District : LB LOCAL BUSINESS DISTRICT 12 (A) Permitted Uses 12 (B) Other Requirements for the LB District 14 ii
3 80.16: RB ROADSIDE BUSINESS DISTRICT 14 (A) Permitted Uses 14 (B) Other Requirements for the RB District : GB GENERAL BUSINESS DISTRICT 16 (A) Permitted Uses 16 (B) Other Requirements for the GB District : IB INTERCHANGE BUISNESS DISTRICT 17 (A) Permitted Uses 17 (B) Other Requirements for the IB District : I-1 ENCLOSED INDUSTRIAL DISTRICT 18 (A) Permitted Uses 18 (B) Other Requirements for the I-1 District 19 (C) Performance Standards for Enclosed Industrial Uses : I-2 OPEN INDUSTRIAL DISTRICT 21 (A) Permitted Uses 21 (B) Other Requirements for the I-1 District 23 (C) Performance Standards for Open Industrial Uses : FP FLOOD PLAIN DISTRICT 25 (A) Statement of Purpose 25 (B) Definitions 26 (C) Duties of the Administrator 28 (D) Regulatory Flood Elevation 29 (E) Improvement location permit 29 (F) Preventing Increased Damages 30 (G) Protecting Buildings 31 (H) Other Development Requirements 33 (I) Variances 34 (J) Disclaimer of Liability : UD UNIT DEVELOPMENT PLAN DISTRICT 35 (A) Statement of Purpose 35 (B) Applicability 35 (C) Procedure 36 (D) Abandonment or Expiration 39 (E) Recording 39 (F) Permit 39 (G) Covenants and Maintenance 39 (H) Limitation on Rezoning 41 iii
4 80.23: CONTINGENT USES 41 (A) Contingent Uses Permitted 41 (B) Other Requirements for Contingent Uses 42 (C) Development Disabilities Residential Facilities Permitted : SPECIAL EXCEPTIONS 43 (A) Definition and Basis of Approval 43 (B) Procedure for Approval 43 (C) Existing Use May Be A Conforming Use 45 (D) Temporary Certificates 45 (E) Special Exceptions and Districts Where They May Be Permitted 45 (F) Other Requirements for Special Exceptions : BUILDING SETBACK LINES 81 (A) Front Yard 81 (B) Conflict Setback Requirements 82 (C) Exceptions : YARD EXCEPTIONS 82 (A) Application 82 (B) Yard Encroachments 82 (C) Projections 82 (D) Alley Abutting Rear or Side Yard 83 (E) Side Yards 83 (F) Tapered Yard Formula (for Accessory Building) 83 (G) Fences 83 (H) Screening and Minor Accessory Uses 84 (I) Intersection Visibility 84 (J) Storage : ACCESS AND FRONTAGE : ONE PRIMARY BUILDING PER LOT : CONVERSIONS 85 (A) Certain Conversions Discouraged 85 (B) Consistent with Purposes 85 (C) Appearance and Repair 86 (D) Exception : MANUFACTURED HOME AND MOBILE HOME PERMITTED 86 (A) Manufactured Homes 86 (B) Mobile Homes 86 (C) Mobile Homes Permitted According to Certain Conditions 86 (D) Classification of Mobile Homes 86 iv
5 80.31: HEIGHTS 87 (A) Normal Maximum Building Heights 87 (B) Height Exceptions : SUPPLEMENTARY BUSINESS STANDARDS 88 (A) General Standards 88 (B) Traffic Congestion 88 (C) Open-Air Business : ACCESSORY USES 89 (A) Intent 89 (B) Interpretation 89 (C) Application of Accessory Uses : TEMPORARY USES 93 (A) Intent 93 (B) General Provisions 93 (C) Uses Which May be Permitted By the Board 93 (D) Standards : HOME OCCUPATIONS 95 (A) Purpose 95 (B) Intent 95 (C) Levels 95 (D) Permit Required 95 (E) Signs 96 (F) Home Occupations 96 (G) Rural Home Occupations : OFF-STREET PARKING AND LOADING 100 (A) Intent 100 (B) Scope 100 (C) General Provisions 102 (D) Minimum Parking Requirements 103 (E) Off-Site Parking Facilities 106 (F) Development Standards 107 (G) Loading Requirements : SIGNS 109 (A) Definitions 109 (B) Application 110 (C) Advertising Signs or Billboards 112 (D) Business Signs 112 (E) Certain Identification Signs 113 (F) Accessory Signs and Sign Structures 114 (G) Maintenance and Removal 114 (H) General Provisions 115 v
6 80.38: PARKING AND STORAGE OF CERTAIN VEHICLES 116 (A) Automotive Vehicles 116 (B) Commercial Vehicles : ADMINISTRATION 117 (A) Enforcement Officer 117 (B) Improvement Location Permits 117 (C) Application for Improvement Location Permit 117 (D) Basic Duties of Executive Director 118 (E) Responsibility of Executive Director 119 (F) Relocation of Proposed Building, Structure or Exit 119 (G) Certificate of Compliance for Industrial Uses 119 (H) Site Plans Must Be Filed for Record 120 (I) Special Exception 120 (J) Certificate of Occupancy 120 (K) Completion of Improvements 120 (L) Temporary Certificates 120 (M) Change of Use 120 (N) Coincidental Application 120 (O) Certificates of Occupancy Filed for Record 121 (P) Excavations 121 (Q) Health and Safety 121 (R) Time Limit 121 (S) Proper Compliance 121 (T) Soil and Drainage Conditions Met 121 (U) Temporary Improvement Location Permit 122 (V) Issuance of Permits 122 (W) Certain Requirements Regarding Real Estate Transfers 122 (X) Erroneously Issued Permits Restrictive Covenants 122 (Y) Criteria and Standards for Surveys and Divisions of Land 122 (Z) Exempt Divisions Included 122 (AA) Building Permit Required Persons Responsible : BOARD OF ZONING APPEALS 123 (A) Organization 123 (B) Rules 123 (C) Meetings Open to Public 123 (D) Appeals Jurisdiction 123 (E) Exceptions and Uses 124 (F) Variances From Development Standards of Zoning Code 124 (G) Variances from Use District or Classification 124 (H) Variances in FP District 124 (I) Appeals to Board Grounds Transmission of Record Disposition 124 (J) Writ of Certiorai 125 vi
7 80.41: GENERAL PROVISIONS 125 (A) Interpretation 125 (B) Non-Interference With Greater Restrictions Otherwise Imposed 125 (C) Use 125 (D) Height 125 (E) Yard, Lot Area, and Size of Building 126 (F) Parking Space: Loading and Unloading Berths 126 (G) Building Relocated 126 (H) Farms Exempt 126 (I) Public Utility Installations Exempt 126 (J) Mineral Extraction 126 (K) Invalidity of Portions 126 (L) Amendments : SOIL SURVEY, DRAINAGE, EROSION AND SEDIMENT CONTROL 126 (A) Definitions 127 (B) Plan for Minimizing Erosion 128 (C) Measures to Minimize Erosion and Sedimentation 129 (D) Making Sites More Suitable 129 (E) Excavations and Fills 130 (F) General Provisions 130 (G) Responsibility of Applicant 139 (H) Design Standards 131 (I) Plan Approval : DEFINITIONS : FILING FEES AND FORMS 148 (A) Application Forms 148 (B) Improvement Location Permit Fee 148 (C) Certificate of Occupancy Fee 148 (D) Fees for Amendments, Appeals and Requests 148 (E) Fees Must Be Paid 149 (F) Fees Not Returnable 149 (G) Publication Costs 149 (H) Coincidental Applications : SPECIFICATIONS 149 (A) Figure 1, Lot and Yard Requirements 149 (B) Flood Insurance Criteria and Maps : INDIANA DRAINAGE CODE REQUIREMENTS 150 (A) 75-foot Drainage Right-of-Way 150 (B) Use of Drainage Right-of-Way 150 vii
8 80.47 COMPLAINTS REPEALER : CELLULAR/WIRELESS/PERSONAL COMMUNICATION FACILITES AND TOWERS 150 (A) General Provisions 150 (B) Definitions 151 (C) Wireless Communication Facility Application Procedure and approval process 153 (D) General Wireless Communication Facility Performance Standards 156 (E) Zoning Specific, Cellular/Wireless/Personal Communication Facility Performance Standards 158 (F) Construction of Cellular/Wireless/Personal Communications and Towers : REMEDIES AND PENALTIES 160 (A) Remedies and Enforcement 160 (B) Violations As Common Nuisance 160 (C) Penalty 160 (D) FP Flood Plain District Violations 160 (E) Continuation of Violation 160 PASSAGE 161 FIGURE 1 FOLLOWS ZONE MAP: viii
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