ZONING ORDINANCE

An Ordinance for the development through zoning of the area within the jurisdiction of the Town of Bunker Hill Plan Commission.

INDEX	Table of Content
1-1	Zoning Ordinance
1-2	Title
1-3	Provision of Ordinance
1-4	Serviceability Clause
1-5	Repeal and Effective Date
1-6	General Purpose
1-7	Plan Commission Members
1-7-1		Number of Members
1-7-2		Organization
1-7-3		Powers and Duties
1-8	Zoning Jurisdiction
1-9	Exhibit A
1-10	Board of Zoning Appeals
1-10-1		Organization
1-10-2		Powers and Duties
1-11	Duties of Building Commissioner
1-12	Application and Interpretation
1-13	Definitions
2-1	Districts
2-1-1		Districts in General
2-2	Primary Uses
2-3	Improvement Location Permits
2-4	Certificate of Occupancy
2-5	Temporary Certificate of Occupancy
2-6	Fees, Charges and Expenses
2-7	Special Exceptions
2-7-1		Existing Uses
2-7-2		Time Limit
2-7-3		Approval
2-7-4		Requirements
2-8	Variances
2-9	Enforcement Procedures
2-10	Appeals
2-10-1		Appeal Procedures
2-11	Non-Conforming Use
2-11-1		Amortization of Non-Conforming Use
2-12	Restrictions
2-12-1		Setback Requirements
2-12-2		Downtown Areas
2-12-3		Vision Clearance
2-12-4		Accessory Building
2-12-5		Primary Use Setback
2-12-6		Through Lots
2-12-7		Corner Lots
2-12-8		Measurement
2-12-9		Setbacks, Fences and Hedges
2-12-10		Lot Coverage
2-12-11		Ground Floor Area
2-12-12		Lot Frontage
2-12-13		Lot Size
2-12-14		Height Restrictions
2-12-15		Exceptions, Height
2-13	Restrictions
2-13-1		Residential
2-13-2		Commercial
2-14	Advertising Signs
2-14-1		Permanent
2-14-2		Temporary
2-14-3		Home Occupations or Variance
2-14-4		Signs, General
2-14-5		Upkeep
2-14-6		Off Premises
2-14-7		Restrictions, Signs
2-15	Industrial District Restrictions
2-15-1		Smoke
2-15-2		Odor
2-15-3		Toxic Material
2-15-4		Glare and Heat
2-15-5		Vibration
2-15-6		Noise
2-15-7		Fire Hazard
2-15-8		Detonation Material
2-15-9		Storage Areas
3-1	Home Occupation
3-1-1		Restrictions
3-2	Parking
3-2-1		Minimum Requirement
3-2-2		Loading Zones
3-2-3		Parking Area Improvements
3-3	Mobile Homes
3-3-1		Permanent Occupancy
3-3-2		Temporary Occupancy
3-3-3		Hardship Temporary Occupancy
3-4	Mobile Home Courts
3-5	Manufactured Homes
3-6	Plan Unit Development/Subdivision Control
3-6-1		General
3-6-2		Plan Unit Development
3-6-3		Subdivision Development
3-7	Sidewalks
3-8	Violations
3-8-1		Remedies and Penalties

Table 1	Authorized Uses

Figure 1	Lot and Frontage Examples
Figure 2	Vision Clearance
Figure 3	Yard Areas and Street Improvements
Figure 4	Sidewalk Requirements
Figure 5 - 5C	Mobile Home Foundation Requirements

ADOPTION

1-1 A PART OF THE GROWTH MANAGEMENT PLAN FOR THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA.

An ordinance establishing a Zoning Ordinance for the Town of Bunker Hill, Indiana and providing for
The administration, enforcement, and amendment thereof, in accordance with the provisions of State Laws and the repeal of all ordinance in conflict herewith.

Whereas, State Laws empower the Town of Bunker Hill, Indiana to enact a Zoning Ordinance and to provide for its administration, enforcement and amendments, and

Whereas the Town Council for the Town of Bunker Hill, Indiana pursuant to the provisions of State Statutes, appointed a Town Plan Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein, and

Whereas, the Town of Bunker Hill Plan Commission has divided the Town into districts and has prepared regulations pertaining to such districts in accordance with a Comprehensive Plan so that adequate light, air, convenience of access and safety from floods, fire, and other danger may be secured; that congestion in the public streets may be lessened or avoided; that property values may be preserved, that the public health, safety, comfort, convenience and general welfare may be promoted, and

Whereas, the Town of Bunker Hill Plan Commission has given reasonable consideration, among other things to the character of the districts and their peculiar suitability for particular uses, with a view to preserving the value of buildings and encouraging the most appropriate use of land throughout the Town of Bunker Hill, and

Whereas, the Town of Bunker Hill Plan Commission has given due public notice of hearings relating to Zoning Districts, regulations, and restrictions, and has held such public hearings, and

Whereas, all requirements of Chapter 178, Acts of 1979, and as may heretofore be amended, with regard to the preparation of this ordinance have been met.

If their interpretation and application, the provisions of this ordinance shall be held to the minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of this ordinance are at variance or in any other conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive, or that imposing the higher standard, shall govern.

Each Chapter, Section, Paragraph, or Sub-paragraph or a part whenever divisible, of this Code of Zoning Ordinance is declared to be severable, and the invalidity of any Chapter, Section, or divisible part thereof, shall not be construed to effect the validity of any other Chapter, Section, of part thereof of this Ordinance.

Be it ordained by the Town Council of the Town of Bunker Hill, Miami County, Indiana that there be and there is hereby established a Plan Commission for the Town of Bunker Hill, Miami County, Indiana. To promote the orderly development of its Governmental units and environs, for the purpose of improving the present health, safety, convenience and welfare of the citizens of Bunker Hill, Indiana, to the end that highway systems be carefully planned, that new community centers grow only with adequate highways, utilities, health, educational and recreational facilities. That the needs of Agriculture, Industry and Businesses be recognized in future growth. That residential areas provide healthy surroundings for family life, and that growth of the said Town of Bunker Hill, Indiana is commensurate with and promotive of the efficient and economical use of public funds. Said Plan Commission shall serve in an advisory capacity to the Town Council of the Town of Bunker Hill, Miami County, Indiana and shall have such regulatory power affecting the public welfare of the citizens of Bunker Hill, Miami County, Indiana as are not otherwise controlled, and such other power as may from time to time be granted to carry out the purpose of this ordinance.

Said Plan Commission of the Town of Bunker Hill, Miami County, Indiana Plan Commission shall consist of nine (9) members as follows:

(A) The Municipal Legislative Body (Town Council) shall appoint three (3) persons, who shall be elected or appointed Municipal Officials or employees in the Municipal Government, as Members.

(B) The Municipal Executive (President) shall appoint four (4) citizen Members, of whom no more than two (2) may be of the same Political Party.

(C) The executive of the County ( Commissioners) shall appoint two (2) members from the Un-incorporated area of the Municipality in which the Town has jurisdiction. The Citizen must;

1. Reside in the Un-incorporated area and,

2. Be of the opposite Political Parties.

(A) At the first meeting of each calendar year, the Commission shall elect from its members a President, Vice President and may appoint or hire a Secretary. The Secretary is not required to be a member of the Board.

(B) Meetings shall be conducted pursuant to IC 5-14-1.5-1 et seq (Open Door Law).

(C) Meetings shall be held monthly and Special Meetings may only be called by the President or by any two (2) members of the Commission, upon written request to the Secretary.

It is the intent of this ordinance that all questions of enforcement shall be first presented to the Building Commissioner, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Building Commissioner, and that recourse from the decision of the Board shall be to the Courts as provided by law. Nothing in this Ordinance shall prevent any official of the Town of Bunker Hill, Miami County, Indiana from appealing a decision of the Board to the Courts as provided in Indiana Law. Any such appeal shall be made within thirty (30) days of the Board's written decision.

(A) The Board of Zoning Appeals for the Town of Bunker Hill, Indiana is hereby established in accordance with IC 36-7-4-901, IC 36-7-4-902 and IC 36-7-4-203 of the State of Indiana and all acts now or hereafter amendatory thereto.

(B) The Board of Zoning Appeals shall consist of five (5) Members as follows:

(1) Three (3) Citizen Members appointed by the Executive (President) of the Town Council of Bunker Hill, of whom one (1) must be a member of the Plan Commission and two (2) must not be a member of the Plan Commission.

(2) One (1) Citizen Member appointed by the Fiscal Body (Town Council) of the Town of Bunker Hill, who must not be a member of the Plan Commission.

(3) One (1) Citizen Member appointed by the Advisory Plan Commission who must be a member of the Plan Commission other than in (B) (1).

(C) The Board shall meet at regular scheduled monthly meetings or by a Special Meeting called by the Chairman or two (2) members of the Board, upon written request to the Secretary.

(D) All meetings shall be conducted pursuant to IC 5-14-1.5-1 et seq (Open Door Law).

(E) At the first meeting of the calendar year, the Board shall elect from its members a Chairman and a Vice Chairman. The Board of Zoning Appeals may appoint a secretary (need not be a member of the Board) and such employees as are necessary for the discharge of its duties.

THE BOARD OF ZONING APPEALS SHALL HAVE THE POWER TO EFFECTIVELY CARRY OUT THEIR DUTIES AS FOLLOWS:

(A) Hear and determine appeals from and review any order requirement, decision or determination made under this Ordinance, by the Plan Commission or Building Commissioner.

(B) Permit and authorize contingent uses and Special Exception subject to, and within the limitations prescribed by the provisions of this Ordinance.

(C) Approve or deny, upon written application in specific cases, variances from the terms of this Ordinance. Such Variances may be approved only upon written determination by the Board of the findings set forth in IC 36-7-4-918.4. As the same may be amended from time to time.

(D) In exercising its power, the Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from as in its opinion, ought to be done in the premises; and to that end have all powers of the official, person or entity from whom or which the appeal is taken. In approving a Special Exception, Contingent Use or Variance, the Board may also impose such reasonable condition regarding the location, character and other features of the proposed building, structure, or use, with which the appeal or application before it is concerned, as it may deem advisable if the furtherance of the purpose of this Ordinance and the protection of the public convenience and welfare. Such conditions may include a requirement for the recordation of a written instrument in a form acceptable to the Board, binding the present and sequence owners of the parcel of land affected and all parties having an interest therein, to the terms of such conditions.

(A) With the advice of the Law Department;

(1) Upon finding that any of the provisions of this Ordinance are being violated, he shall notify in writing and sent by certified mail, the person responsible for the violation(s), ordering the action necessary to correct such violation(s).

(2) Order discontinuance of illegal uses of land, buildings or structures.

(3) Order removal of illegal building or structures or illegal additions or structural alteration.

(4) Order discontinuance of any illegal work being done.

(B) Take other action authorized by the Ordinance to ensure compliance with or to prevent violation(s) of this Ordinance.

(D) Act as Plan Administrator.

(E) Act as Building Inspector.

(A) For the purpose of these regulations, certain numbers, abbreviations, terms, words, and phrases used herein shall

be used, interpreted, and defined as set forth in this article.

(B) Whenever any words and phrase used herein are not defined herein but are defined in the State Laws regulating the creation and function of various planning agencies, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the content otherwise requires.

(1) The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.

(2) The masculine includes the feminine.

(3) The present tense includes the past and future tense, the singular number includes the plural.

(4) The word "shall" is mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

(5) The word "used" or "occupied" includes the words "intended, arranged, or designed to be used or occupied".

(D) All other words not herein defined in this Ordinance shall be interpreted according to the plain meaning of the word described therein. It shall not be construed against the Town of Bunker Hill, the applicant, or the aggrieved party.

ABANDONMENT: A non-conforming use shall be considered abandoned when; (1) the use of the property is replaced by a conforming use; or (2) the building or premises are left vacant for six (6) months; and (3) most of the equipment and furnishings have been removed and not replaced. This definition applies only to non-conforming uses.

ACCESS ROAD: A road or easement that provides access to a parcel of land that is a minimum of twenty (20) feet in width.

ACCESSORY USE: A subordinate use that relates to the same lot as a primary use and is used other than for human occupancy.

ADULT BOOK STORE: An establishment having as a substantial or significant portion (more than one third) of its stock and/or sales in pictures, (still or motion) books, magazines, and other periodicals which are distinguished or characterized by their emphasis or matter depicting, describing, or relating to "specified sexual activities", or "specified anatomical areas", or an establishment with a segment or section devoted to (one third or more of its floor space) for sale or display of such material. There shall be no more than one (1) establishment located in any one (1) block.

(A) SPECIAL SEXUAL ACTIVITIES; means (1) human genitals in a state of sexual stimulation or arousal, (2) Acts of human masturbation, sexual intercourse or sodomy, (3) fondling or other erotic touching of human genitals, public region, buttock or female breast.

(B) SPECIFIED ANATOMICAL AREAS: means (1) less than completely and opaquely covered; (a) human genitals, pubic region; (b) buttock, and (c) female breast below a point immediately above the top of the areola; (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(A) the raising of trees, vines and crops of any kind;
(B) the maintaining, breeding, and raising of poultry and livestock of any kind;
(C) the harvesting, curing, processing packaging, shipping, packing and selling of agricultural products for profit, produced on the premises.

AGRICULTURE BUILDING: A structure utilized for the conduct of farming operation for the purpose of housing farm animals, feed and farm equipment, but does not include dwelling or garage.

AICUZ: A study titled "Air Installations Compatible Use Zones: that gives the impact of the flight operations at Grissom Aero-plex on future land use. This document defines noise contours and identifies compatible land use relationships.

AIRCRAFT: A contrivance intended for use or designed for navigation of, or flight in the air or outer space, by humans, including missiles and all hobby planes.

AIRPORT: Any area which is used or intended to be used for takeoff and landing of aircraft, including helicopters and any appurtenance area, which are used or intended to be used for airport buildings or facilities, including open spaces, taxi-ways, and tie-down areas.

ALLEY: A right-of-way other than a street, road, crosswalk, or easement, that is plated and could potentially be used as a secondary access to abutting properties.

AMUSEMENT CENTER: An establishment where the business is to provide entertainment for recreation such as, bowling, pool, billiards, video games or other similar games or devices.

AMUSEMENT PARK: A commercial establishment where the business is any outdoor activity use for recreation purpose.

AUTOMATIC CAR WASH: A building or portion thereof, where automobiles are washed by mechanical devices of any kind.

AUTOMOBILE DEALERSHIP: A lot where a franchise for new and used vehicles are sold and serviced.

AUTOMOBILE HOLD AREA: An area where wrecked, damaged or impounded vehicles are stored or kept for a period of time waiting for insurance, title or police release.

AUTOMOBILE SALES LOT: A lot arranged, designed or used for the display or storage, for sale of motor vehicles where no repair work is done.

AUTOMOBILE SALES AND SERVICE LOT: A lot in which new or used vehicles are sold and no more than twenty percent of the trade is dedicated to minor repair.

BED AND BREAKFAST: A residential building converted to a lodging house available to transients which include the morning meal and where a portion of the premises may be used by the person for a social, literary purpose, provided that the social or literary does not exceed more than thirty-five (35) guests and excluding the sale of alcoholic beverages through any means.

BLOCK: A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way(s), shorelines of waterways or boundary lines of municipalities.

BOARDING HOUSE: A building available to transients, in which lodging and meals are regularly provided for compensation, for at least three (3), but not more than fifteen (15) persons.

BUILDING: A roofed structure built for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind.

BUILDING AREA: The horizontal projected area of the building on the lot, including open areas and terraces, un-enclosed porches not more than one story high, and architectural features that project more than two (2) feet.

BUILDING CODE: The Town ordinance or group of ordinances establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matter, within the Town Zoning Jurisdiction. Also referred to herein as the Town Building Code.

BUILDING DETACHED: A building having no structural connection with another building.

BUILDING COMMISSIONER: An officer, employee or agent of the Town of Bunker Hill, who has the authority to enforce this Ordinance for the Town of Bunker Hill Plan Commission and the Board of Zoning Appeals. (See Plan Administrator)

BUILDING HEIGHT: The vertical distance measured from the adjoining street center-line grade at a point opposite the principal frontage of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deck line of a mansard roof; and to the main height level between the eaves and ridges of a gable, hip or gambrel roof. Where the building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING NON-CONFORMING: A legally existing building which fails to comply with the regulations set forth in this Ordinance applicable to the district in which such building is located.

BUSINESS: The purchase, sale or exchange of goods, or service, or the maintenance for profit of offices or recreational or amusement enterprises.

BUSINESS WHOLESALE: A business establishment that generally sells commodities, including but not limited to perishable or flammable in large quantities or by the piece to retailers, jobbers, other wholesale establishment or manufacturing establishments. The commodities are basically for further resale, for use in the fabrication of a product, or for use by business service.

CAMPGROUND: An area of land used or designed to be used to accommodate two (2) or more camping units, including cabins, tents, travel trailers, or other camping outfits.

CARPORT: A structure with a roof which is un-enclosed or partly enclosed, attached to dwelling or other structure, or unattached for the purpose of providing protection for a motor vehicle or other goods.

CEMETERY: Land used for the burial of the dead and dedicated for cemetery purposes including columbium, crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the cemetery.

CERTIFICATE OF OCCUPANCY: A certificate issued by the Plan Administrator stating that the occupancy and uses of the land or a building or structure referred to therein complies with the provisions of this ordinance.

CHILDREN'S HOME OR CHILD CARING INSTITUTION: Any children's home, orphanage, institution or other place maintained or conducted by any group or person engaged in receiving and caring for dependent, neglected, handicapped children or children in danger of becoming delinquent or in operating for gain a private business of boarding children who are unattended by parent or guardian, or person in loco parentis, except licensed foster homes.

CLINIC: An establishment in which patients are admitted for study or treatment of a disease, disorder or disability, and in which service of at least two (2) physicians, dentists or chiropractors are provided.

CLUB: A building or portion thereof or premised owned or operated by a person for social, literary, political, educational or recreational purpose primarily for the exclusive use of members and guest, including the sale of alcoholic beverages.

COMPREHENSIVE PLAN: A plan recommended by the Plan Commission and adopted by the Town Council, in accordance with the laws of the State of Indiana, for the promotion of public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development, the Plan Commission shall prepare a comprehensive plan, which may include policies for:

(A) the development of public ways, public spaces, public structures, and public and private utilities;
(B) the issuance of improvement location permits on platted and un-platted lands, and;
(C) the laying out and development of public ways and services to platted and un-platted land.

COMMERCIAL VEHICLE: Any vehicle over one ton used for commercial use including but not limited to tractor-trailer, dump trucks, semi and school buses.

CONDOMINIUM: Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as yard, foundations, basements, floors, walls, hallways, stairways, elevators and all related common elements, together with individual ownership in fee of a particular unit.

CONFINEMENT FEEDING: Feeding of animals grown for food, fur or pleasure purposes in lots, pens, ponds, sheds, or buildings where feed is supplied to them by means other than grazing. For the purpose of this Ordinance, the "Confinement Feeding" shall be limited to the confined feeding of (1) 300 or more cattle; (2) 600 or more swine or sheep, or (3) 30,000 or more fowl. These numbers have been established by P.L. 175, Act of the 1971 Indiana General Assembly. In the event that said Act is amended, this ordinance shall be deemed amended so that it is in conformity with said Act.

CUL-DE-SAC: A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement, including public safety vehicles.

DAY CARE CENTER: A place where five (5) or more children are kept for the purpose of providing supplemental parental care, including service providing child care, as defined in I.C. 12-7-2-28.2 , or qualifying as a child care center (I.C. 12-7-2-28.4), child care home (I.C. 12-7-2-28.6), child care ministry (I.C. 12-7-2-28.8), or child caring institution (I.C. 12-7-2-29), as so defined.

DISTRICT OR ZONES: An area within which there are uniform regulations governing the use, height, area, size and intensity of the use of buildings and land and open space about the buildings.

DRIVE-IN RESTAURANT: A building or structure in which food and/or drink are primarily prepared for sale and human consumption under one or more of the following conditions:

(A) within vehicles on the premises with such structure;
(B) on the premises outside of such structure;
(C) take-out restaurants for human consumption off the premises;
(D) access driveway to window for pickup orders.

DRIVE, PRIVATE: Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public right-of-ways.

DUMP, OPEN: Any premises or portion thereof used for the disposal or storage of garbage, sewage, trash, refuse, waste material or any kind, junk, discarded machinery, vehicles or vehicle parts thereof, offal, dead animals, or hazardous materials by abandonment, discarding, bumping reduction, burial, incineration, or any means and whatever purpose which does not conform to the requirement and specification as set forth in this ordinance.

DWELLING: A place or part of building that is used primarily as a place of abode, but not including a hotel, motel, bed and breakfast, lodging house, boarding house, or tourist home.

DWELLING, DUPLEX: A dwelling that is designed for occupancy of two family units which shall be separated by walls, carport or garage.

DWELLING, MULTI-FAMILY: A single building consisting of three (3) or more dwelling units, with varying arrangements of entrances and party walls.

DWELLING, SINGLE-FAMILY: A building consisting of a single dwelling unit only, separated from other dwelling units by open space.

EASEMENT: An authorization granted by the property owner for the use by another of any designed use or interest of his property for clearly specified purpose(s).

ENLARGEMENT, OR TO ENLARGE: "Enlargement" is an addition to the floor area of an existing building and increase in the size of any structure, and increase in that portion of a tract of land occupied by an existing use. To "enlarge" is to make an enlargement.

FAMILY: One or more persons living as a single housekeeping unit, but not including a group occupying a hotel, motel, club, nursing home, dormitory or fraternity or sorority house.

FARM, GENERAL: An area five (5) acres or more used for agricultural operations, including truck gardening, or forestry. The operation of a tree or plant nursery, provided that a farm shall not be construed to include (farm confinement feeding), as defined here or (slaughtering house), including necessary buildings and structures, shall be considered used for agriculture if not composed of subdivision lots, or if the raising of crops, or animals is the principal occupation of the resident or uses of such area.

FAST-FOOD ESTABLISHMENT: A drive-in or other fast food establishment permitting consumption of, or carryout from the premises.

FENCE: A barrier intended to prevent escape or intrusion or to mark a boundary.

FITNESS CENTER: A structure used for the development of the body which may include fitness equipment, spas, suntan booths, swimming pool, track and/or any other activity used in developing the body.

FIREWORKS BUSINESS: A place or booth where fireworks such as a roll of paper containing an explosive, set off as a noisemaker or celebration are kept, stored or sold.

FLEA MARKET: The retail sale of used merchandise from individually rented space of land or structure that is open for business more than twice in any one calendar year.

FLOOD PLAIN: The area adjoining the river or stream which has been or may hereafter be covered by flood water from the regulatory flood.

FLOOD-WAY: The channel of the river or stream and those portions of the flood plain adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream shown on the flood-way-flood boundary maps of the Federal Insurance Administration.

FLOOD FRINGE: Those portions of the flood hazard area lying outside the flood-way, shown on the flood-way-flood boundary maps, of the Federal Insurance Administration.

FUNERAL HOME: A dwelling or structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

GROUND FLOOR AREA: The area of a building in square feet as measured in a horizontal plane, at the ground level within its largest outside dimensions, exclusive of open porches, breezeway, terraces, garage, and exterior stairways.

GROWTH MANAGEMENT PLAN: The complete plan or any of its parts for the orderly development of the Town as prepared by the Commission and adopted in accordance with Chapter 174, Acts of 1947, General Assembly of Indiana, and all Acts amendatory thereof, as now or may hereafter be in effect.

HALFWAY HOUSE: A facility which provides a family-like and short term (under six (6) months) living environment to individuals who are not related to the head of household for rehabilitation, in need of supervision, which provides room and board. No halfway house may be within 3,000 feet of any other similar facility in any residential area.

HAZARDOUS WASTES: Any solid or liquid waste with inherent dangers, including but not limited to, toxic chemicals, explosives, pathological wastes, radioactive materials, materials likely to cause fires, liquids, semi-liquids, sludge containing less than thirty(30%) percent solids, pesticides, pesticide containers, raw animal manure, septic tank pumping, and raw or digested sewage sludge.

HEIGHT: With respect to a building, the vertical distance measured from elevation of the finished grade of the ground to the highest point of the roof with respect to other than buildings, measured to the highest point of the structure.

HOME AGRICULTURE USE: The raising or keeping of not more than two (2) livestock animals; (i.e., ungulate mammal), or fifteen (15) fowl on an area two (2) acres or more, zoned agriculture. Home agriculture uses shall not be authorized in any residential subdivision or within the confines of the town limits of the Town of Bunker Hill.

HOME OCCUPATION: A use conducted entirely within an enclosed dwelling, employing only the family inhabitants thereof which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, equipment, machinery or outdoor storage. (see Home Occupation, section 3-1, this ordinance).

HOME WORKSHOP: A use conducted entirely within a dwelling or in an accessory building located on the same lot, parcel, or tract of land as the dwelling use for residential purposes, provided the home workshop is clearly incidental and secondary to the use of the property for residential purposes and does not change the character thereof or having any exterior evidence. Home workshops may not exceed more than four hundred (400) square feet of gross floor area. Home workshops may not create any noise, odor, or other nuisances beyond the premises that could cause a hazard to public health, safety or welfare. Some examples of home workshops may be, Seamstress, Woodcraft, Interior decorator, Arts and Crafts and other similar uses.

HOSPITAL: A place which provides overnight medical or surgical facilities, which care for the sick or injured persons.

HOSPITAL, ANIMAL: A place with over night facilities for the medical or surgical care for sick or injured animals.

HOTEL OR MOTEL: A building or group of buildings, in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.

IMPROVEMENT LOCATION PERMIT: A permit issued by an Official of the Town of Bunker Hill, who has the responsibility for enforcing the Zoning Ordinance and authorizing an improvement.

INDUSTRIAL PARK: An area of land use or designed for several manufacturing businesses that are located on the same or divided parcel of land.

JUNK: Includes but not limited to scrap metals and their alloys, bones, rags, used cloth, rubber, rope, tinfoil, bottles, chemicals and plastic, (discarded) old or used machinery, tools, appliances, fixtures, utensils, lumber, boxes or crates, pipe or pipe fittings, used tires and manufactured goods that are worn, deteriorated or obsolete as to make them unusable in their existing condition.

JUNKYARD: A place usually outdoors, where waste, junk, or discarded used property other than organic matter is accumulated and/or stored, may or may not include one or more unlicensed or inoperable vehicle.

KENNEL: A place where three (3) or more dogs are kept or maintained for pets, breeding or sale of which are more than twelve (12) weeks old.

LAUNDROMAT: A business that provides washer, dryer, dry-cleaning and/or ironing machines for hire to be used by the customers on the premises.

LOADING SPACE: An off-street space, at least ten (10) feet wide and fifty (50) feet long, with a minimum height clearance of fourteen (14) feet, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material, and which abuts on a street or other appropriate means of access.

LODGE: A social, fraternal or service oriented organization primarily for the use of its members.

LOT: A parcel, tract, or area of land accessible by means of a street or place abutting upon a street or easement.

LOT, CORNER: A lot at the junction of and abutting two (2) intersecting or intercepting street / alley (See Fig. 1)

LOT, COVERAGE: The percentage of the lot area that is occupied by building or structures.

LOT IMPROVEMENT: Any building, structure, work of art or other object, or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.

LOT, THROUGH: A lot fronting on two (2) parallel, or approximately parallel streets and included lot frontage on both a street and a watercourse or lake. (See Figure 1)

LOT, WIDTH: The distance between the side lot lines as measured on the building line.

LOT LINE, FRONT: The line separating the lot from the street. A corner lot shall be deemed to have two (2) front lines.

LOT LINE, REAR: On an interior or corner lot, the lot line that is opposite the front lot line and farthest from it, except for a triangular or irregularly shaped lot, it shall be parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line. A through lot has no rear lot line.

LOT, SETBACK LINE: The distance between a street line, property line or structure that shall be kept free from any construction.

MANUFACTURED HOME: A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971. Such a unit shall also meet all of the following conditions:

(A) contain at least nine hundred (900) square feet of occupied space as manufactured per dwelling unit, and may be double-section or multi-section manufactured housing unit;

(B) be constructed within ten (10) years prior to application date of Improvement Location Permit.

(C) be placed onto a permanent under-floor foundation installed in conformance with the Indiana One and Two Family Dwelling Code, or the Indiana Uniform Building Code in case of multi-family dwelling units, and the manufacturers installation specification;

(E) have siding material of a type customarily used on site constructed residences;

(F) have roofing material of a type customarily used on site constructed residences. Roof material shall be installed in accordance with the manufacturers specifications.

MANUFACTURING PLANT: The processing and converting of any unfinished or finished materials or products, or any of these into article or substance of different character, or for a different purpose. Also industries furnishing labor in the case of manufacturing or the refinishing of manufacturing articles.

MINERAL EXTRACTION: (1) mining or quarrying, and (2) removal of earth materials.

MINI-WAREHOUSE: A structure or enclosed storage area containing individually rented or owned compartments or stalls for storage only.

MOBILE HOME: A vehicle or other portable structure more than thirty (30) feet in length, that is designed to move on the highway and designed or used as a dwelling, as manufactured.

MOBILE HOME DWELLING: A movable, detached dwelling unit, designed for long term occupancy for more than forty-five (45) days, built on a chassis at a factory, with or without a permanent foundation, and consisting of a complete package with major appliances, plumbing and electrical facilities prepared for appropriate connections. It is synonymous with trailer home.

MOBILE HOME PARK: An area of land on which five (5) or more mobile homes are regularly accommodated with or without charge, including any buildings or other structure (s), fixture(s), or equipment that is used or intended to be used in providing the accommodation.

MOBILE HOME SPACE: An area of land within a Mobile Home Park with a minimum of 2500 square feet for the placement of one mobile home which is designed for the executive use of occupants. The minimum distance between any part of a mobile home including any addition shall be fifteen (15) feet.

MOTOR VEHICLE: Shall include automobiles, trucks, tractors, trailers, semi-trailers, motorcycles, scooters, buses, and farm implements whether self-propelled or designed to be pushed, pulled or carried by another motor vehicle.

MOTOR VEHICLE REPAIR SHOP: Any building, structure or land used for the repair of motor vehicles, whether minor or major with all work done inside an enclosed building.

MUSEUM: An establishment operated as a repository or a collection of nature, scientific, or literary or historical curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.

NON-CONFORMING USE: A building, structure, or use of land existing at the time of enactment of this ordinance, which does not conform to the regulations of the district or zoning in which it is situated. A non-conforming use shall abate and cease to exist one hundred and eighty (180) days from the time that the use is changed or abandonment of a structure, whichever occurs first.

NURSING / CONVALESCENT HOME: An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.

OFFICIAL ZONING MAP: A graphic illustration of zoning boundaries and classifications, drawn and approved as part of the records of the Town of Bunker Hill, Indiana.

OIL WELL: The drilling or extracting of petroleum minerals off a parcel of land for private or commercial use, and related storage and equipment.

PACKAGE STORES: An establishment offering for sale primarily intoxicating beverages and accessory merchandise, and where no consumption of said intoxicating beverages is permitted on the premises.

PARKING LOT: A parcel of land other than a street, devoted to parking spaces for motor vehicles.

PARKING SPACE: An area enclosed or un-enclosed sufficient in size to store one vehicle, not less than nine (9) feet wide and twenty (20) feet long.

PERSON: Includes a corporation, firm, partnership, association, organization, or any group that act as a unit or legal entity.

PLAN ADMINISTRATOR: Shall attend all Plan Commission Meetings, prepare and distribute meeting agenda and be prepared to address questions regarding items on the agenda, maintain in a file in the Plan Commission Room, minutes and accurate records of all Commission proceedings, record and file bonds and contracts and assume custody of all documents for the Commission, prepare, publish and distribute reports, ordinances, and other material relating to Commission activities, establish an effective communication system among various other people and organizations involved in planning, cooperate with the Commission to develop administrative rules and procedures for the administration of the affairs of the Commission, work with the Plan Commission to prepare and submit an annual budget to the Legislative Body, issue Certificate of Occupancy and maintain an effective method for administering and enforcing improvement location permits, be available to lend advice and instructions to applicants on the proper procedure for Subdivision approval, rezoning and other related matters the Plan Commission has authority to deal with and revise and update zoning maps when authorized.

PLANNED UNIT DEVELOPMENT: A tract of land at least five (5) acres in area, under single, corporation, firm, partnership, or association ownership, planned and developed as an integral unit in a single development operation or a definitely programmed series of development operation and according to an approved outline development plan and a preliminary site plan. (See Plan Unit Development Ordinance)

PLAT: A map or chart that shows a division or parcel of land that is intended to be filed for record.

POOL, PRIVATE: Any constructed pool or portable private pool, used for swimming, over twenty-four (24) inches in depth and which is used in connection with a family dwelling unit and is available only to the family of the householder and his private guests.

POOL, PUBLIC: An above or in-ground pool which holds water, used for commercial swimming, or recreational purpose.

POOL, WADING: Private or public which is twenty-four (24) inches or less in depth.

PRIMARY BUILDING: A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof. With respect to residential use, it means the main dwelling.

PRIMARY USE: The primary purpose or function that a lot serves or is intended to serve.

PRIVATE GARAGE: A detached accessory building or a portion of the main building, for the housing of vehicles of the occupants of the dwelling, including carports.

PRIVATE SEWAGE SYSTEM: A system designed of connecting pipes to a tank, distribution box and leach field for the purpose of carrying away sewage waste and approved by the Miami County Health Department.

PROFESSIONAL OFFICE: Any building or portion thereof used or intended to be used, but not limited to an office for Lawyer, Architect, Engineer, Land Surveyor, Licensed Insurance Agent, Real Estate Broker, Accountant, Physicians, Surgeons, Dentists, and other similar professions.

PUBLIC BUILDING: Any building held, used or controlled for public purposes by any department or branch of government, State, County, or Municipal, or any building where the public is invited.

PUBLIC GARAGE: Any garage operated for profit, for the purpose of parking vehicles.

PUBLIC SEWAGE SYSTEM and/or WATER SYSTEM: A sewage system and/or water system owned by the Town of Bunker Hill, Miami County, Indiana.

PUBLIC OWNED USE: The use of any premise by the public, Board, Commission or Authority, such as a Municipal, County, State or Federal Government, or any agency or Department thereof for a Governmental Proprietary Purpose. This shall also include Public Street, Alley and Parks.

RECREATIONAL VEHICLE (RV): A vehicle primarily designed as temporary living quarters for recreation, camping or travel either with its own motor power or mounted on or towed by another powered vehicle.

RECREATIONAL VEHICLE CAMPSITE: An area of land on which two or more recreational vehicles are regularly accommodated with charge, including any buildings or other structure, fixture, or equipment that is used or intended to be used in connection with providing accommodations day or overnight.

RECREATIONAL VEHICLE STORAGE AREAS: A place where two (2) or more unoccupied recreational vehicles are regularly accommodated with charge.

RESIDENTIAL DISTRICT: An R-1(low density) or R-3 (medium-high density) Residential District.

RESTAURANT: A building structure in which food and drinks are prepared primarily for sale and consumption within such structure, including incidental take out service (See definition of drive-in restaurant)

RETAIL SALES AND SERVICES: Department stores, variety stores, drug and sundry store, restaurants, grocery stores, hardware store, furniture and floor covering store, stationary store, shoe sales or repair shops, leather and luggage shops, bakeries and other similar use that deal in retail sales or services.

RETIREMENT HOME: A facility which may be licensed by the Department of State or local government to provide a family-like and long term living environment to individuals who are not related to the head of household and who are developmentally disabled, mentally ill, aged, blind or deaf, which provides room and board and other services in accordance with their individual needs and alternative family programs. No Retirement Home may be located within 3,000 (three thousand) feet of any other similar facility in any residential area.

RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping or any other use involving maintenance by a public agency shall be dedicated to public use by the sub-divider on whose plat such right-of-way is established.

ROADSIDE STAND: A temporary structure or vehicle used for the display of merchandise, goods or articles which are sold to the public.

ROADSIDE PRODUCE STAND: A temporary structure designed or used for the display of agriculture and related products produced on the premises and sold as a seasonal or temporary period of time not to exceed ninety (90) days in one year period.

RUMMAGE SALE: The sale of used or new articles, not to exceed seven (7) days and no more than two (2) sales in one year period, including garage, porch, yard and other designated sales.

SANITARY SEWER: A State Board of Health approved pipe or conduit designed for carrying any combination of water carried wastes from residence, business, commercial building, public use and industries.

SANITARY FILL: Any zoned lot used primarily for disposal by abandonment, discarding, dumping, reduction, burial, incineration, or other means and for whatever purpose of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof, but not sewage or animal waste. (See classification restrictions).

SATELLITE DISH: A directional microwave antenna having a concave shape used for television or radio frequency.

SCHOOL, NON-PUBLIC: Systematic instruction in any branch or branches of knowledge which is not maintained by a public-school corporation. The term includes, but is not necessarily limited to any private school or any parochial school.

SCHOOL, PUBLIC: Systematic instruction in any branch or branches of knowledge which is maintained by a public school corporation.

SCHOOL, TRADE OR BUSINESS: A secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hair dressing or drafting, or for teaching industrial or technical arts.

SHOPPING CENTER: A group of continuous retail stores, originally planned and developed as a single unit, having a total ground floor building area of not less than 50,000 square feet, with immediate adjoining off street parking facilities.

SERVICE STATION: Any building, structure or land used for the sale or offering for sale at retail of any automobile fuel oils, or accessories including lubrication or washing of automobiles, and replacement for installation of minor parts and accessories.

SIGN: An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place activity, service, person, institution or business.

SIGN, TEMPORARY: The same as a sign, except it is not on a permanent structure.

SPECIAL EXCEPTION: The authorization of a use that is designated as such by Table 1, as being permitted in the district concerned, if it meets special conditions, and upon application is specifically authorized by the Board of Zoning Appeals.

STOP WORK ORDER: An order given by the Building Commission/Plan Administrator, Plan Commission or Board of Zoning Appeals to cease all work on any land or structure that is or may be in violation of this ordinance.

STORAGE: The keeping, maintaining or housing of goods, articles, equipment or other valuables that can or will be used in the future.

STORM SEWER: An approved pipe or conduit designed for carrying away water other than wastewater as defined under Sanitary Sewers.

STREET, CUT: A means of ingress and/or egress from ones property to a public road, street, alley, or easement. (See 3-2-3E.)

STREET, DEAD-END: A street or a portion of a street with only one (1) vehicular traffic outlet and no turnaround at the terminal end.

STREET, LOCAL: A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.

STREET (ROAD): A right-of-way other than an alley, dedicated or otherwise legally established to 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, land, drive or other appropriate names.

STREET, SECONDARY: A street designed to facilitate the collection of traffic from local streets, and usually located on the neighborhood boundaries.

STRUCTURE: Anything constructed or erected that requires location on or in the ground, or attachment to something having a location on or in the ground.

SUBDIVISION: A parcel of land comprised of two (2) or more lots with common egress and ingress. May have common water and sewage systems but not required. Must comply with the Subdivision Control Ordinance.

TAVERN: Includes but not limited to an establishment commonly known as bars, grills, cafes, taverns and night clubs, and where intoxicating beverages are sold, and primarily consumed on the premises.

TEMPORARY USE: A use of land, building or structure not intended to be of permanent duration.

THEATER: A structure used for dramatic, operatic, motion pictures or other performance, for admission to which entrance money is received.

THEATER, ADULT MOTION PICTURES: An enclosed building with a capacity for more than twenty-five (25) persons, used for presenting material having as a con-(sis) presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas", (as defined in this section), for observation by patrons therein.

THEATER, ADULT MINI MOTION PICTURE: An enclosed building with a capacity for less than twenty-five (25) persons used for presenting material having as a con-(sis) presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas", (as defined in this section), for observation by patrons therein.

TOURIST HOME: A building in which not more than five (5) guest rooms are used to provide or offer overnight accommodation to transient guest for compensation.

TOWER: Any structure that support microwave disk, radio transmitting, television transmitting, and phone/cell, for communication services that is more than fifty (50) feet in height.

TOWN COUNCIL: The Town of Bunker Hill Town Council which consists of five (5) members.

TRUCK TERMINAL: An establishment where three (3) or more trucks for hire are stored or parked, along with service of fuel, fuel oil, minor or major repair.

TRUCK SERVICE CENTER: An occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for automobile service stations.

USE: The employment or occupation of a structure or land for a person's service, benefit or enjoyment.

VARIANCE: A special authorization, granted under section 2-8 to deviate from what the Ordinance otherwise prescribes.

VARIANCE, AREA: An authorization granted by the Board of Zoning Appeals involving matters such as setback lines, frontage requirements, height limitations, lot size restrictions, density regulations and yard requirements, and shall follow the land.

VARIANCE, USE: An authorization granted by the Board of Zoning Appeals which permits a use of a building or land other than which is prescribed by the Zoning Ordinance. Use Variance shall not follow the Land.

VISION CLEARANCE: A triangular space at an intersection, free from any kind of obstruction to vision between the height of three (3) and eight (8) feet above the established grade, determined by a diagonal line connecting two points, measured fifteen (15) feet equal distance from the street / alley along each property line. (See Vision Clearance Figure 2)

WORK TRAILER: A mobile trailer designed to move upon a highway, to be used as a temporary office, storage, or break room on a construction site while construction is being done.

YARD, FRONT: A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts, shrubs, and similar structures, the depth of which is the least distance between the nearest street right-of-way and the front line of the building.

YARD, REAR: A yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line and the rear of the principal building.

YARD SIDE: A yard between the principal building and the adjacent side lot line, that extends from the front yard, or street right-of-way where there is no front yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.

ZONING MAPS: Maps showing the Town of Bunker Hill and its jurisdiction, marked exhibits, that shows districts or primary street routes or jurisdiction of the Town of Bunker Hill.

THE FOLLOWING ZONING DISTRICTS ARE HEREBY ESTABLISHED FOR THE TOWN OF BUNKER HILL, INDIANA. FOR THE INTERPRETATION OF THIS ORDINANCE, THE ZONING DISTRICTS HAVE BEEN FORMULATED TO REALIZE THE GENERAL PURPOSES AS SET FORTH IN THE PREAMBLE OF THIS ORDINANCE . IN ADDITION, THE SPECIFIC DISTRICT SHALL BE AS STATED.

"A-1" district is to preserve and protect the decreasing supply of prime agricultural land by controlling the indiscriminate infiltration of urban development into agricultural areas. "A-1" districts are established to include substantial areas where the primary use is farm land and where little or no urbanization has occurred or is likely to occur in the near future. Its use should be primarily limited to the growing of crops, and raising of livestock.

"R-1" classification depicts residential areas utilizing typical "suburban" development patterns. Housing would be predominately single family in nature, and densities would range from one (1) to two (2) units per acre (duplexes) and be served by public sanitary sewer and one (1) unit per acre or less in areas not served by public sanitary sewer.

"R-3" land use type classifies multi-family housing opportunities which are located at or near major employment centers or transportation facilities. Densities could range from approximately three (3) to fifteen (15) units per acre.

"C/B" district depicts primarily retail and office commercial uses, Generally, these areas are defined as community-scale or neighborhood-scale shopping areas and serve the immediate neighborhood and would permit a variety of uses which would support and enhance the revitalization of the central business district. Commercial, office, restaurants, governmental, and other ancillary land uses would be encouraged.

"I" district is to encourage the establishment of areas for development of small manufacturing and wholesale business establishment which are clean, quiet and free of hazardous or objectionable elements, operated entirely within enclosed structures. Storage areas shall be enclosed with a six (6) foot high wood or chain link fence. The area shall be screened or fenced from other districts or shall have a minimum of two hundred (200) feet buffer from other districts.

"FP" district is to guide development in the flood prone areas of any watercourse so as to avoid or limit damage resulting from high waters. The districts are established in areas adjoining the river or stream which has been or may thereafter be covered by flood waters or any flood plain district as delineated by Zone (A) on the Flood Hazard Boundary Map, (prepared by Federal Emergency Management Agency).

"FF" district is to regulate land use in the flood hazard area outside the flood-way, designated as flood hazard area (B) on the flood hazard maps. The Town of Bunker Hill Plan Commission may regulate these areas as deemed appropriate. Any construction in these areas shall be two (2) feet above regulatory flood profile as established by the Department of Natural Resources.

In the "FP" and "FF" districts established here, the degree of flood protection established in this Ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Large floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes such as ice or debris jams. This Ordinance does not imply that area outside flood hazard district as defined herein, will be free of flooding or flood damage. This Ordinance does not create any liability on the part of the Town of Bunker Hill, Indiana or the Commission, Natural Resources, the State of Indiana, or any elected or appointed official or employee thereof for any flood damage that results from reliance on this Ordinance or any Administrative decision lawfully made there under.

(A) The boundaries of the district established are shown on the Zoning Maps, which is part of this Ordinance. Districts shall only be changed by amending this Ordinance.
(B) When the exact boundaries of a district are uncertain, they shall be determined by use of the Zone Map.
(C) When a right-of-way is vacated, the districts adjoining each side are respectively extended to the center of the area so vacated.
(D) If a district divides a lot frontage on a street, a restriction that applies to the front of the lot shall apply to the entire lot.

THE FOLLOWING TABLE SHALL BE USED TO DETERMINE WHEN A USE IS AUTHORIZED IN A DISTRICT. IF THE USE IS MARKED WITH AN (X) THIS SHALL MEAN THAT THE USE IS AUTHORIZED IN THAT DISTRICT. A USE THAT IS MARKED WITH (HO) SHALL BE AUTHORIZED AS A HOME OCCUPATION ONLY PROVIDING ALL REQUIREMENTS IN SECTION 3-1 ARE MET. WHENEVER A USE IS MARKED WITH (S) IT SHALL REQUIRE A SPECIAL EXCEPTION FROM THE BOARD OF ZONING APPEALS.

A USE NOT FOUND IN THE PRIMARY USE TABLE SHALL USE THE MOST SIMILAR USE AND HAVE THE SAME RESTRICTION AS THAT SIMILAR USE.

(A) No building or other structure shall be erected, moved, added to, or demolished unless an Improvement Location Permit has been issued by the Town of Bunker Hill Building Commissioner. No change in use of a building or land shall be made without an Improvement Location Permit issued by the Town of Bunker Hill Building Commissioner. Improvement Location Permit shall be issued only upon finding that the proposed use complies with the requirements of this Ordinance or upon written order from the Board of Zoning Appeals granting a Variance, Appeal or Special Exception.

(B) The application for an Improvement Location Permit shall be submitted to the Building Commissioner and signed by the owner or applicant attesting to the accuracy of all information. Each application shall clearly state that the permit shall expire and be revoked if work has not begun within six (6) months or been substantially completed within two (2) year from date issued, unless an extension has been granted by the Building Commissioner.

(C) An applicant applying for an Improvement Location Permit shall furnish the Building Commissioner Office with the following information;

Name, address and phone number of applicant;
Legal description of property, current legal survey (within the last ten (10) years);
Existing and/or proposed use;
The location and size of all improvement, existing and proposed;
Location of all adjacent streets and alleys;
Estimated cost of improvement;
Plot plan showing the size and shape of lot to be built on;
Drainage plan for the area (if required).

(D) No improvement location permit shall be issued for any commercial use unless all plans have been approved by the Indiana Department of Fire and Building Services.

(E) As a condition of issuing an Improvement Location Permit, the Building Commissioner may require the relocation of any structure or entrance or exit, if the requirement is necessary in the interest of safety, or public welfare of the community.

(F) Any person filing for an Improvement Location Permit shall be required to disclose the identity of his contractor (if required). (See 2-3-L)

(G) All plans filed with the Building Commissioner Office shall be public records and shall be maintained by the Plan Commission Office as permanent records.

(H) No Improvement Location Permit shall be considered for approval for any property not served by a community sewage system, until a written letter of approval of the private sewage system plan is received from the Miami County Health Department and a copy of same is attached to said application.

(I) No Certificate of Occupancy will be issued for any property not served by a community water system, until a written letter of approval of water quality is received from the Miami County Health Department and a copy presented to the Building Commissioner.

(J) No improvement location permit shall be required for the following use or structures:

Bird baths and bird houses;
Detached storage sheds (120 square feet or less).
Curbs;
Drive ways;
Lamp post;
Mail boxes;
Walks;
Poles, lines, hydrants;
Retaining walls under three (3) feet;
Trees, shrubs, plants, and flowers provided that visibility is not obstructed;
Fences and hedges (not to exceed four (4) feet in height within the front yard and six (6) feet in height within the side and back yard.
Mobile Home Temporary Occupancy (any district-See 3-3-2).

(K) Any person filing for an Improvement Location Permit shall at the same time apply for a Certificate of Occupancy which shall be certified by the Plan Administrator upon completion before the structure or use is occupied.

(L) If a Building Contractor receives notice of violating the Zoning or Subdivision Ordinance three (3) times in a three hundred and sixty-five (365) day period, he shall be ineligible to receive an Improvement Location Permit for one (1) year from the date of the third violation. A Contractor may appeal the decision made by the Building Commissioner to the Board of Zoning Appeals within thirty (30) days from receipt of any notice as outlined in Section 2-10-1 of this Ordinance.

It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a Certificate of Occupancy has been issued by the Plan Administrator. The Certificate of Occupancy shall state that the proposed use of the building or land conforms to the requirements of this Ordinance and that the Building Commissioner has inspected the property and attested to that fact. This fee is to be collected at issuance of the Improvement Location Permit.

A Temporary Certificate of Occupancy may be issued by the Plan Administrator for a period not to exceed six (6) months pending completion of modifications in order to comply with this Ordinance.

The Town Council of the Town of Bunker Hill, Indiana shall by Ordinance, establish a schedule of fees, charges, and expenses and a collection procedure for Improvement Location Permits, Amendments, Appeals, Variances, Special Exception, Plan Unit Development and other matters pertaining to the administration and enforcement of this Ordinance requiring investigations, legal, advertising, postage and other expenses. The schedule of fees shall be posted in the Office of the Building Commissioner and may be amended or altered only by the Town Council of the Town of Bunker Hill, Indiana. Until all applicable fees, charges, and expenses have been paid, no action shall be taken on any application or appeal.

(A) Special Exception may be permitted by the Board of Zoning Appeals after a public hearing only in the specified districts indicated in table one (1) of the primary uses. No permit for a Special Exception shall be granted unless the Board shall have first found that the public convenience and welfare will substantially be served and that the proposed use will not be unduly detrimental to the surrounding area. In the exercise of its approval, the Board may impose, such additional conditions regarding the location, character and other features of the proposed building or structure or use as it may deem advisable in the furtherance of the proposes of this Ordinance.

(B) Upon approval for the Special Exception, the Building Commissioner shall issue an Improvement Location Permit.

(C) Upon a finding by the Board that the Special Exception with additional special requirements may be issued, the Board shall order the Building Commissioner to issue an Improvement Location Permit for the Special Exception, providing the applicant agrees in writing to such additional special requirements.

(D) A finding by the Board that the Special Exception is not consistent with the spirit, purpose or intent of this Ordinance, may substantially or permanently injure the appropriate use of the neighboring property, or will not serve the public convenience or welfare, the Board shall disapprove the Special Exception.

(E) The Board may table the application for a Special Exception and refer it to the Building Commissioner or committee with a request for further information, review and recommendations to the Board.

An existing use which is listed herein as a Special Exception and which is located in a district in which such Special Exception may be permitted, is a conforming use, however any expansion of such Special Exception involving the enlargement of the building structure, or the land area devoted to such use, shall be reviewed by the Building Commissioner for compliance an may be subject to Board procedure described in this section.

In the event that the applicant has failed to commence construction within six (6) months after such permit has been issued, or failed to proceed with construction, once commenced, in accordance with construction time table commonly prevailing in the construction industry, and subject to the Board's discretion as to the reasonableness of construction delays or 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 for the Special Exception was issued, said Board may upon its motion or upon the written petition of any aggrieved person at a public hearing, require the applicant to show cause why the Board's order should not be withdrawn and the Improvement Location Permit for the Special Exception be revoked.

A Special Exception shall be an authorized use in a district provided that all requirements can be met and the Board of Zoning Appeals finds that the use will not create an unnecessary hardship or nuisance on the surrounding property.

All requirements shall be completed prior to any operation of that use being started.

The following uses may be permitted as a Special Exception in districts as outlined in Section Table 1 of the Primary Use Chart. These requirements shall be considered the minimum requirements and the Board may make any other reasonable restrictions they feel is necessary to protect that district.

All parking requirements shall be in accordance with the parking requirements outlined in Section 3-2 of this Ordinance.

(1) Lights shall be placed in such a way that they do not infringe upon the right of adjacent property owners. At no time shall any light be placed within ten (10) feet from any property line.

(2) Parking areas shall be a minimum of twenty-five (25) feet away from adjacent residential dwellings and shall be screened where light or noise will interfere with the comfort of the adjacent property owner.

(3) No unsafe, uncomfortable, or offensive vibrations, noise, visual effects, odors or air pollutants that would cause an unnecessary hazard to health or general welfare of the surrounding area shall be allowed to radiate across lot lines.

(4) The following shall be the minimum setbacks for any building listed in the Special Exception uses. Any use not listed will require the minimum setback listed in Section 2-12-1:

(11) Tower: Any structure that support microwave disk, Radio Transmitting, Television Transmitting, and Phone/Cell, for communication services that is more than fifty (50) feet in height, must be located in Commercial/Business District, and must have a lockable six (6) foot fence encompassing the structure.

(A) The Board of Zoning Appeals may 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, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. No non-conforming use or neighboring land, structure, or buildings in the same district and no permitted or non-conforming use of land, structure or buildings in other district shall be grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience of profit, but only where strict application of the provisions of this ordinance would result in unnecessary hardship.

(B) A variance from the terms of this ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for the variance is submitted to the Building Commissioner and the Board of Zoning Appeals containing;

name, address, and phone number of applicant(s);
legal description of the property, current legal survey (within the last ten (10) years);
description of nature of Variance requested; and
public notice is given in accordance with subsection "D" of this section (IC 36-7-4-918.5).

(C) A Variance in accordance with IC 36-7-4-918-4 and 36-7-4-918-5 shall not be granted unless the Board makes specific findings of facts based directly on the particular evidence presented to it, which supports conclusion that all of the standards and conditions imposed by the following subsection have been met by the applicant(s):

1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
2. The use and value of the area adjacent to the property included in the Variance will not be affected in a substantially adverse manner;
3. The need for the Variance arises from some condition peculiar to the property involved;
4. The strict application of the terms of the Ordinance will constitute an unnecessary hardship if applied to the property for which the Variance is sought; and
5. The approval does not interfere substantially with the Comprehensive Plan adopted under this Ordinance.

1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
3. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. However, the zoning ordinance may establish a stricter standard than the "practical difficulties" standard prescribed by this subdivision. (IC 36-7-4-918.5, as added by P.L.357-1983, paragraph 14.)

(D) Before holding the public hearing, notice of such hearing shall be given in the local Miami County newspaper of general circulation of the Town of Bunker Hill at least ten (10) days before the date of said hearing. The notice shall set forth the date, time and location of the public hearing, and the nature of the proposed appeal or variance.

(E) The cost for all publication for an appeal or Variance shall be paid by the applicant;

(F) Before holding the public hearing, written notice of such hearing shall be mailed to all adjoining property owners and/or interested parties by certified mail at least ten (10) days before the hearing. This notice shall contain the same information as required of the notice published in the local newspaper.

(G) Within ten (10) days after the public hearing, written notice shall be sent to the applicant stating that the Variance or Appeal has been approved, approved with supplementary conditions or disapproved. If the Appeal or Variance is disapproved the Board of Zoning Appeals shall state reason for the denial.

(H) No variance shall be granted in an R-1 or R-3 District allowing alcoholic beverages to be sold or served on the premise for any Bed and Breakfast.

It is the intent of this Ordinance that all questions of enforcement shall be first presented to the Building Commissioner, and that such question shall be presented to the Board only on appeal from the decision of the Building Commissioner, and that recourse from the decision of the Board shall be to the Courts as provided by law. Nothing in this Ordinance shall prevent any official of the Town of Bunker Hill, Indiana from appealing a decision of the Board to the Courts as provided in Indiana Law. Any such appeal shall be made within thirty (30) days of the Board's written decision.

(A) A decision of the Building Commissioner enforcing this Ordinance may be appealed to the Board of Zoning Appeals by any person who is adversely affected by the decision. When an appeal is taken to the Board, upon the denial of an application for an Improvement Location Permit, for a use not specifically stated or implied elsewhere in these regulations, and not listed, the Board shall refer the matter of the proposed use to the Plan Commission for consideration as an Amendment to this Ordinance.

(B) On an appeal under subsection (A), the Board may affirm the decision of the Building Commissioner, the Board may reverse and place any conditions different than the decision of the Building Commissioner as it is empowered to do according to law.

(C) Any decision of the Board may be appealed to the Circuit or Superior Court of Miami County within thirty (30) days from the date the decision or order of the Board of Zoning Appeals.

(A) Any appeal of the Building Commissioner's decision shall be made in writing to the Board of Zoning Appeals within thirty (30) days from the date of the written decision.

(B) All appeals to the Board shall follow the guidelines listed below.

1. Be submitted in duplicate copies, stating reason of appeal; and
2. submit name, address, phone number and legal description of the property.

(A) A lawful use of a building or premises, existing at the time of passage of this Ordinance, may continue although such use does not conform to all the provisions of this Ordinance.

(B) A non-conforming use may be changed to any other use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a non-conforming use is changed to a conforming use that use shall not thereafter be changed to a non-conforming use.

(C) Any non-conforming use that is destroyed by fire or act of God in excess of fifty percent (50%) of the value of the structure, the structure shall not be restored except in accordance to this Ordinance.

(D) No building shall be erected upon any premise devoted to a non-conforming use, unless the use can conform to the regulation of this Ordinance.

(E) A non-conforming structure may be repaired or altered provided no structural changes are made or unless the structural change would bring the structure into conformance with this ordinance.

(A) Whenever a non-conforming use has been discontinued for a period of six (6) months, such use shall not thereafter be re-established and used thereafter unless it shall be in conformance with this Ordinance.

(B) Any non-conforming billboard or advertising structure not attached to a building, lawfully existing upon the effective date of this ordinance, shall be discontinued on or before three (3) years after the effective date of this ordinance.

(C) All temporary billboards or advertising structure shall be removed within ninety (90) days from the effective date of this Ordinance.

The regulations set by this ordinance within each district shall be the minimum setback requirements and shall apply uniformly to each class or kind of structure or land use, unless otherwise specified in other parts of this ordinance. (Also see 2-12-5).

The downtown area shall be defined as any parcel that is located on either side of East Broadway Street between the center line of Railroad Street and west to the center line of Elm Street.

At the intersection of a corner lot, the triangular space determined by two (2) lot lines at the corner and by a diagonal line connecting the two points on those lines that are fifteen (15) feet respectively from the corner shall be free of any obstruction to vision between the height of three (3) feet to eight (8) feet above the established grade. (See Figure 2)

No accessory building shall be erected in any required front setback area of any street abutting the property and no separate accessory building shall be erected within five (5) feet of any other building.

Within the incorporated limits of the Town of Bunker Hill, and including State Road 218 East and State Road 218 West, existing at the time of passage of this Ordinance, the following minimum setbacks shall be:

Lot Line, Front	Average setback of existing primary use buildings within that block, facing that street.
Lot Line, Rear	25 feet
Lot Line, Side	10 feet

Lot Line, Front	(See 2-12-4)
Lot Line, Rear	5 feet
Lot Line, Side	5 feet

A through lot shall have a front yard setback on each abutting street. (See Figure 1)

Fences, hedges and or retaining walls shall be at least eighteen (18") inches from abutting alley(s), all gates shall swing inward. Fences shall be erected at least one (1) inch inside the front, side and rear property line and post be placed inside toward the property.

No lot for residential use may exceed the following lot coverage with buildings.

No dwelling shall be established, erected or changed so that its ground floor area, in square feet, is less than that prescribed in the following table:

No dwelling may be erected on any lot that has less frontage than described in the following districts:

No dwelling shall be erected on any lot that does not have the minimum square footage prescribed in the following table:

Lots of Record or individually held prior to the passage of this Ordinance may be smaller in area than figure prescribed above provided they are approved by the Miami County Health Department.

Except as herein provided, no building or structure shall be erected, altered, enlarged, or reconstructed so that the height exceeds the following height limit within the district listed:

(A) In a R3 District, structures may be erected or changed to a height not greater than sixty-five (65) feet, however for each foot above fifty (50) feet, side yard setbacks shall increase one foot.

(B) In an A1,I and C/B District, structures may be erected or changed to a height not to exceed one hundred (100) feet, however for each foot above seventy-five (75) feet, side yard setbacks shall increase one (1) foot.

(C) Television aerials, electrical transmission and communication poles, towers, steeples, flagpoles, chimneys, smokestacks, water towers, grain elevators, silos, and other similar structures may be erected to a height not to exceed one hundred and fifty (150) feet provided that F A A lighting is installed at one hundred and fifty (150) feet.

(D) No structure shall be erected that will interfere with F A A flight restrictions.

These districts have been created to preserve and enhance a safe, pleasant living environment and it is intended to provide a variety and mix of dwelling types. In order to maintain that environment the following restrictions shall apply to all Residential Zone Districts:

(A) Automotive vehicles, including campers and motor homes, of any kind or type without current license plates, nor dismantled vehicles shall be parked or stored for more than seven (7) days on any residential zoned property other than inside a completely enclosed building.

(B) Major recreational vehicles may be parked or stored on a lot in these districts provided that they do not violate any other part of this Ordinance, no such equipment shall be used for permanent living or sleeping while parked or stored on a residential lot.

(C) Recreational vehicles may be parked in front or on the street for loading and unloading purposes for a period not to exceed twenty-four (24) hours, provided they do not interfere with the control of traffic, or present a traffic hazard.

(D) A vehicle, motor home, camper or other similar vehicles shall not be used as a storage facility in any residential lots or districts.

(E) Fences, walls and hedges may be permitted in any required yard or along the edge of any yard providing that driveways, entrances are not shielded in such a way as to obstruct the view of a driver entering a public way from the driveway. (Also see Section 2-12-3, 2-12-9)

(F) No farm equipment shall be parked, stored, or maintained on any lot in a residential district unless it is stored inside an enclosed building.

(G) Private swimming pools, above or in ground may be authorized in a residential district, provided that minimum setbacks are met and they are completely enclosed by a minimum five (5) foot high fence, wall or building. No electrical wires running above the pool may be within ten (10) feet of any portion of the pool.

(H) Firewood and building materials shall be stacked in a neat and orderly manner on the property and shall be maintained so that it does not cause a nuisance or health hazard to the neighborhood.

(I) No farm animals, rabbits, wild animals or fowl, shall be kept, raised or maintained on any lot within the town jurisdiction that is zoned residential.

(J) No person shall keep, raise or maintain in any residential zoned district, more than two (2) dogs that are more than twelve (12) weeks old.

(K) Rummage sales shall be limited to two (2) per calendar year, which does not extend more than seven (7) days per sale. Community supported events are exempt.

(L) Household waste shall be kept in animal proof containers. Trash, rubbish, discarded used property or waste containers shall not be kept, stored or maintained on front porches, patios or at the front of any lot except on garbage collection day and the evening prior to collection day.

(M) Vehicle(s) shall not be parked or stored on or across sidewalks or alleys and no more than one vehicle may be displayed for sale at a time on any lot.

(N) The raising or keeping of bees shall be prohibited within the confines of the town limits or within five hundred (500) feet from any residence within the town jurisdiction.

(O) Satellite dishes may be authorized in a residential district.

(P) No accessory building may be used or occupied as a residential use.

In order to maintain a safe and economic community, the following restrictions shall apply to all Commercial Districts;

(A) No merchandise shall be displayed across sidewalks or protrude more than three (3) feet from any building that would interfere with the pedestrians right-of-way, however during community events merchandise may be displayed on sidewalks.

(B) Auto repair shop, body shop and other similar shops shall not store or maintain unlicensed or dismantled vehicles on the premises more than seventy-two (72) hours unless said vehicle is stored inside an enclosed building.

(C) Discarded used property, rubbish or trash shall be placed in a dumpster or waste container which shall be disposed of at least once a week.

(D) Semi-trailers shall not be used as storage building for merchandise for more than seventy-two (72) hours on any commercial lot.

(E) A temporary building shall not be used for commercial businesses unless authorized by the Plan Administrator.

(F) Banners, streamers or sales flags shall not be located on any site above the height of three (3) feet or below the height of eight (8) feet and when banners, streamers or flags become distorted or in need of repair they shall be removed.

All advertising signs must be approved by the Building Commissioner and an Improvement Location Permit issued ( with the exception of those signs at Grissom Aero-plex which must conform to the covenants for that location ).

In order to present a uniform standard, create a more attractive and economically vital business climate, enhance and protect the physical appearance of the community, reduce the incidence of signs or advertising distractions which may contribute to traffic accidents, the following restrictions shall apply to all advertising signs. No advertising signs shall be erected or placed without the written approval of the Bunker Hill Building Commissioner.

(A) Advertising Signs shall be located upon the premises in which the business is located and shall not encroach on any other property.

(B) Advertising signs attached to a building shall not be less than eight (8) feet from the ground level.

(C) Advertising signs and billboards on permanent poles shall be no less than eight (8) feet above ground level and shall not protrude with any portion of the sign closer than three (3) feet from the right-of-way.

(D) No sign shall have flashing lights or be illuminated where they will cause distraction to vehicular traffic or interfere with vision.

(E) No free standing lawn sign shall have more than two (2) faces per sign and no other sign may be attached to a free standing sign. No lawn sign may be more then six (6) feet in height.

(F) Whenever a business is terminated, advertising signs shall be removed from said premises by owner within thirty (30) days.

(A) Temporary signs may be authorized for a period not to exceed forty-five (45) days, provided they are approved by the Building Commissioner and an Improvement Location Permit has been issued. Whenever a temporary sign has been removed no other temporary sign may be placed on the premises for a period of forty-five (45) days.

(B) Temporary signs may not be placed on any portion of sidewalks, streets or alleys.

(C) Temporary Congratulatory signs may be placed in a residential area for a period not to exceed three (3) days, provided they do not advertise a business operation.

(D) All temporary signs that are presently in place shall have forty-five (45) days to remove signs from premises from the date of this ordinance.

(E) No person, firm or business shall place more than one temporary sign on any lot unless said lot has more than one hundred and fifty (150) feet road frontage. The minimum distance between each sign shall be fifty (50) feet with a maximum of three (3) temporary signs.

Whenever an authorized home occupation or variance has been granted in a residential area, a sign of no more then sixteen (16) square feet shall be authorized advertising that business. The sign shall be ground mounted, not to exceed six (6) feet in height, located no closer than three (3) feet from any property lines.

All advertising signs shall have an Improvement Location Permit except the following:

(1) Directional Sign
(2) Political Signs
(3) Public Service Signs
(4) Real Estate Signs
(5) Real Estate Development Signs
(6) Congratulatory Signs

It shall be the responsibility of the property owner to maintain any sign placed on a premises. If a sign becomes deteriorated or becomes inactive for a period of thirty (30) days, the owner of the sign or the owner of the property upon which the sign is located, shall upon written notice from the Building Commissioner, remove said sign.

Any person may be required to remove or relocate an advertising sign within sixty (60) days after the Plan Administrator has been notified that the land on which the sign is located, has been rezoned to residential or within fifty (50) feet of a residential dwelling.

DEFINITION: an off premise sign is a sign which communicates the availability of goods, services and ideas not necessarily available on the premises on which the sign is located.

All sign which are placed off premises shall conform to the following restrictions:

(A) No advertising sign shall be located within fifty (50) feet of any residential dwelling.

(B) There shall be a signed contract from the property owner along with an agreement stating maintenance upkeep for assigned responsibility.

(D) There shall be no more than two (2) facings per sign and no such sign shall have more than five hundred (500) square feet per facing. The maximum area of such sign shall be no more than one thousand (1000) square feet.

(E) No billboard or advertising sign shall be within five hundred (500) feet of another advertising sign on the same side of the street, measured in linear feet along right-of-way line.

(F) No advertising sign shall exceed more than forty (40) feet in height from the ground level.

(G) Upon notification from the Building Commissioner that the sign is in poor condition or in need of maintenance, the advertising sign shall be repaired or removed within fifteen (15) days from receipt of notice.

(H) All advertising signs shall be removed or relocated within sixty (60) days upon notification from the Building Commissioner that the property has been rezoned to residential.

(I) Off premise signs shall be authorized in general business and industrial zoned areas.

(J) A permanently attached or affixed sign legally existing prior to the adoption of this Ordinance but no longer conforming to this Ordinance shall be considered a non-conforming use. It shall not be replaced except in conformance with this Ordinance.

(A) No industrial use may emit more than ten (10) smoke units per hour, per stack or smoke in excess of Ringelmann No. 2. However, once during any twenty-four (24) hour period, for soot blowing, process purging and fire cleaning, each stack may emit an additional ten (10) smoke units, and during that time it may emit smoke up and including Ringelmann No. 3.

(B) In this section, the term: "Ringelmann Numbers" means the number of the area on the Ringelmann Chart thatmost nearly matches the light-observing capacity of smoke. The Ringelmann Chart is described in the US Bureau of Mines Information Circular 6888 or Amendments, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 0 and Ringelmann No. 1 shall be considered as no smoke.

(C) "Smoke Unit" means the number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of the calculation, a Ringelmann Density Reading shall be made at least once a minute during which it is observed. The products so computed shall then be added to give the total number of smoke units observed during the entire observation period.

No industrial use may release an offensive odor that is detectable at the lot line.

For industrial use, the emission of toxic or noxious materials may not produce any concentration at a residential or business district boundary line exceeding the percentage of the threshold limit values set forth by the Federal Emergency Management Agency.

No industrial use may cause heat at the lot line so intense as to cause a public nuisance or hazard. No such use may cause illumination at or beyond any residential district boundary in excess of 0.1 foot candle.

As used in this section the term "Foot Candle" means a unit of illumination at all points that are one (1) foot from a uniform point source of one (1) candle power.

No industrial use may cause continuous earth-borne vibration that can be measured at the lot line boundary.

No industrial use may produce a sound pressure level that can be detected beyond the boundary lot line that would create a nuisance for surrounding area. Noise may be detected by using a sound level meter to measure decibels.

Solid substance ranging from dry active burning to intense burning may be stored, used, or manufactured only within a completely enclosed walls and protected throughout by an automatic fire extinguishing system.

The storage, utilization, or manufacture of flammable liquids or materials which produce flammable vapors or gases shall be permitted in accordance with the rules and regulations of the Indiana State Fire Marshal's Office, stating that the plans and specifications for Industrial Use complies with the rules and regulations of the State Fire Marshal, shall accompany the application for an Improvement Location Permit.

As used in this Ordinance the term "Free Burning" shall mean a rate of combustion described by a substance that burns activity and easily supports combustion, and "Intense Burning" shall mean a rate of combustion described by a substance that burns with a high degree of activity and is consumed rapidly.

No activity involving the storage, use, or manufacture of materials that decompose by detonation may be carried on, except in accordance with the rules and regulations issued by the State Fire Marshal and State Administrative Building Council. These materials include, but not limited to primary explosives such as Lead Azide, Lead Styphnate, Fulminates, and Tetracene, High explosives such as TNT, RDX, HMX, PETN and PICRIC ACID, Propellants and their components, 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 Nitroglycerin, unstable organic compounds such as Acetylides, Tetrazoles, and Ozonides, Strong Oxidizing agents such as Liquid Oxygen, Perchlorates, Chlorates and Hydrogen Peroxide in concentrations greater than thirty-five (35%) percent and Nuclear Fuels, Fissionable Material and products and reactor elements such as Uranium 235 and Plutonium 239.

Restrictions that apply to industrial uses shall apply to General Business uses when used for manufacturing.

Class "A" Home Offices which do not involve supplies or client business visits to the premises or the use of equipment or processes on the premises of the home occupation which may adversely affect nearby dwelling units or properties through noise, vibrations, odors, fumes, fire hazard, light glare, electrical or radio wave interference. Class "A" shall be allowed in all residential and agriculture districts.

Class "B" Home Occupation which includes limited supplies and clients and will not cause an adverse affect on the surrounding properties or dwelling within the district. Example of CLASS "B" Home Occupation shall be one chair beauty shop, individual music lessons, ceramics classes, professional office, phone services and similar occupation.

The following restrictions shall apply to all Home Occupation and shall be approved by the Plan Administrator and an Improvement Location Permit shall be issued authorizing such use:

(A) the Home Occupation shall be conducted by the people who are residents of the dwelling only.

(B) the Home Occupation shall be clearly incidental and subordinate to the residential use, and shall under no circumstance change the residential character of the dwelling.

(C) the floor area devoted to the Home Occupation shall not exceed twenty-five (25%) percent of the floor area of the dwelling unit. However, up to three hundred (300) square feet in an attached or detached garage of the dwelling or an accessory building may be used for the Home Occupation in lieu of floor space within the dwelling unit. Home Occupation shall not be authorized in apartments.

(D) all display of products and storage of materials or supplies used in the Home Occupation shall be done in enclosed building and space limitations of paragraph (C) above.

(E) no vehicular traffic shall be generated by the Home Occupation in greater volumes that would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of the Home Occupation shall be met off the street and on the premises, other than the front yard.

(F) the Home Occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(G) any violation of these regulations may result in an automatic revocation of any Home Occupation permit, in addition to any other remedy for such violations provided in this Ordinance or by law.

(H) the issuance of a permit to engage in a Home Occupation in accordance with this ordinance shall not be deemed to be a change of zoning nor official expression of opinion as to the proper zoning for the particular property.

(I) The following restrictions shall apply to Home Occupation;

(a) Home Occupation shall not be conducted between the hours of 10:00 p.m. at night to 7:30 a.m. in the morning.

(b) No outside storage of material shall be permitted for Home Occupation operations.

The following off street parking spaces shall be provided and satisfactorily maintained by the owner, for each building which is hereafter erected or at the time any structure is enlarged or increased in capacity or at the time the use of the property is hereafter changed, off street parking spaces shall be provided as follows:

(A) each automobile parking space shall be not less than nine (9) feet by twenty (20) feet in area.

(B) any place of assembly without fixed seats, at least one (1) parking space for each one hundred and fifty (150) square feet of gross floor area thereof.

(C) any auditorium, gymnasium, stadium, church or theater, or any similar place of assembly, at least one (1) parking space for each six (6) seats based on maximum seating capacity, including fixed or movable seats.

(D) any automatic car wash, three (3) parking spaces for each wash lane.

(E) banks, finance institutions, office buildings, professional buildings, library, museum, welfare institution or similar use, at least one (1) parking space for each four hundred (400) square feet of gross floor area thereof.

(F) Funeral Homes shall have a minimum of twenty (20) parking spaces.

(G) barber shop or beauty shop, at least two (2) parking spaces per barber or beautician using the shop.

(H) bowling alleys, at least four (4) parking spaces for each bowling lane

(I) shopping center, department store, supermarket, at least one (1) parking space for each three hundred and twenty-five (325) square feet of gross floor area thereof.

(J) commercial retail stores with less than ten thousand (10,000) square feet of gross floor area, one (1) parking space for each four hundred (400) square feet of gross feet area thereof.

(K) any eating or drinking establishment or other similar use where customers are seated and served within a building, one (1) parking space for each two hundred (200) square feet of gross floor area thereof.

(L) furniture stores, household appliance stores or mechanical trades display stores and other similar use, at least one (1) parking space for each eight hundred (800) square feet of gross floor area thereof.

(M) high school, college, trade school, business school and other similar use, one (1) parking space for each seven (7) students enrolled.

(N) hospital, sanitarium, convalescent home or other similar use, one (1) parking space for each three (3) beds.

(O) hotel, motel, boarding house, dormitory, fraternity house or other similar use, one (1) parking space per sleeping room.

(P) launderette, Laundromat, self-service laundry, wash-a-teria or other similar use, one (1) parking per three (3) washing machines.

(Q) any manufacturing, processing, warehousing, storage, or other similar industrial or commercial establishment not specifically set out in the subsections, one (1) parking space per three (3) employees, plus sufficient spaces to park all company owned or leased motor vehicles, semi-tractors and trailers.

(R) medical clinic or similar use, at least three (3) parking spaces per doctor or dentist using the facility, plus one (1) parking space per two (2) employees.

(S) mobile home court, at least two (2) parking spaces per mobile home space.

(T) each single family dwelling, two (2) parking spaces per dwelling.

(U) apartments and other similar use, two (2) parking spaces per unit.

(V) mixed uses in the same building or structure, the total requirement for off street parking, shall be the sum of the requirements of the various uses, one use shall not be considered as providing required parking facilities for the other.

(W) all parking spaces provided pursuant to this ordinance shall be on the same lot with the building or use, except that the Board, after a public hearing, may permit the parking spaces to be on any lot within three hundred (300) feet of the building.

(X) the distance to any parking space area as herein required shall be measured between the nearest point of the off street parking facilities and the nearest point of the building of said parking facilities it is to serve.

(Z) All parking facilities shall have accessibility from a public street or alley.

(A) All Commercial / Business uses shall provide and maintain loading and unloading zones for receiving and shipping of material and merchandise.

(B) Loading and unloading spaces shall be a minimum of twelve (12) feet by thirty-five (35) feet with fourteen (14) feet clearance in height. Loading and unloading zones may not be part of the requirement for off street parking.

(A) All land hereafter that is placed in use for off street parking and all driveways thereto shall be paved or surfaced with materials and in the manner which meets such minimum specifications prescribed by the Town of Bunker Hill.

(B) All land used for off street parking shall not use any part of the street, alley or sidewalk for parking.

light away from residential area and street.

(D) Nothing contained in this section shall be deemed to apply to any off street parking spaces or driveways for single family dwelling units.

(E) All street cuts for ingress and egress to the property shall not change the natural flow of storm water drainage.

All mobile homes placed on lots other than in a mobile home court shall conform to the following restriction:

(1) Shall have at least nine hundred (900) square feet of occupied space and manufactured within ten (10) years prior to application date of Improvement Location Permit.

(2) Shall be placed on a permanent under-floor foundation. (see Figure 5B)

(3) Shall be securely anchored which shall consist of a minimum of eight (8) tie-downs and the under bottom shall be enclosed using wood, vinyl, composite material, brick, masonry units or concrete.

(4) Shall have wheels removed and tow-in-hitch shall be enclosed or removed.

(5) Shall meet the same setbacks requirements as other residential uses within that district.

(6) Any one adversely affected by these conditions may appeal to the Board of Zoning Appeals through the proper procedure as outlined in Section 2-10-1 of this Ordinance.

(1) A mobile home, travel trailer, work trailer, or storage van may be utilized as a Contractor's office, Watchman's shelter, or tool or equipment storage on a site and only during the period of construction of improvement project.

(2) A mobile home may be placed on a lot while construction of a dwelling is in progress if approved by the Building Commissioner, however the mobile home shall be removed within thirty (30) days from completion of the dwelling or within eight (8) months whichever is the least.

(1) The permit must be obtained from the Building Commissioner/Plan Administrator. The fee is a one time charge of five ($5.00) dollars and must be renewed at the end of each six (6) months. Renewal will be obtained from the Building Commissioner at no charge.

(2) The permit must be displayed in a conspicuous location on the premises until a Certificate of Occupancy is issued.

(3) The wheels to mobile home must remain on.

(4) There must be a minimum of eight (8) tie-downs attached.

(5) The in-coming water may be tied into the existing permanent dwelling on the property. Refer to Miami County Health Officer for water and sewage disposal.

(6) The mobile home must be skirted, as described in 3-3-1 (3)

(7) The same setback requirements as other residential uses within that district must be met.

(8) When the dependency no longer exists, the mobile home must be removed within thirty (30) days.

(A) When a Special Exception is granted by the Board of Zoning Appeals for a mobile home court, the following shall apply:

(1) All plans shall be approved by the Indiana Department of Fire and Building Services.

(2) There shall be a minimum of fifteen (15) feet separation between all mobile homes, including patios, porches or storage sheds.

(3) Each mobile home lot shall have a minimum of twenty-five hundred (2500) square feet per lot.

(4) Each unit shall have two (2) parking spaces.

(5) All streets shall be adapted to the topography and shall have suitable alignment and gradient for safety of traffic, satisfactory surface and ground water drainage, uniformly graded and compacted.

(6) All entrances and other collector streets within the court shall be a minimum of thirty-six (36) feet with street parking and eighteen (18) feet with off street parking.

(7) The mobile home court shall be provided with a complete sanitary sewer system which shall connect with an existing approved sanitary sewer outlet or shall be provided with a State approved system.

(8) No mobile home within a mobile home court shall have less than seven hundred (700) square feet of occupied space.

(9) No mobile home may be placed on any lot within the mobile home court until all construction has been completed and a Certificate of Occupancy has been issued.

(10) Mobile home courts shall be restricted to the same requirements as other residential areas with the exception to mobile home size.

(1) The home shall be covered with an exterior material customarily used on-site building residential dwellings and such material shall extend over the top of the foundation.

(2) The home shall have a roof composed of a material customarily used on-site built residential dwellings, such as fiberglass, asphalt, or tile, which shall be installed onto a surface appropriately pitched for the materials used.

(3) The home shall be securely anchored, which shall consist of a minimum of eight (8) tie-downs and the under-bottom shall be enclosed using wood, brick, masonry units or concrete.

(4) All wheels shall be removed and tow-in-hitch shall be enclosed or removed.

(5) Shall meet the same setback requirements as other residential uses within that district.

(6) Any one adversely affected by these conditions may appeal to the Board of Zoning Appeals through the proper procedure as outlined in Section 2-10-1 of this Ordinance.

The purpose of this section is to provide for regulations regarding uses of land.

It shall be the policy of the Town of Bunker Hill to promote progressive development of land.

Whenever a sidewalk is replaced or new sidewalks constructed, the following specifications shall apply:

(A) All sidewalks shall be constructed of Portland cement and clean sand and gravel in proper proportion to make a durable material; it shall be made in suitable pieces properly joined, of uniform size, not less than four (4) inches in thickness and laid on a bed of not less than three (3) inches of compacted sand, manufactured sand or pea gravel. Sub-base is required unless sub-grade is well drained.

(B) Whenever sidewalks are installed adjoining a street or curb an expansion joint shall be installed (See Figure 4).

(C) It is desirable to have the edge of the sidewalk separate from the curb by a strip of grass to accommodate light poles, fire hydrants, and other utilities and possible landscaping where it can be safely incorporated.

(D) Where there are no curbs, sidewalks shall be set back from the street at least three (3) feet to five (5) feet from the edge of street (See Figure 4).

(E) Sidewalks four (4) feet in width shall be a minimum of four (4) inches thick, six (6) to eight (8) feet in width shall be a minimum of five (5) inches thick and sidewalks ten (10) feet or more in width shall be at least six (6) inches thick.

(F) There shall be no specifications for private sidewalks.

(G) If a sidewalk is off set , it shall be well marked with a high yellow paint.

(H) Sidewalk replacement within the incorporated limits of the Town, shall be replaced in the existing location, if it cannot meet the above listed requirements.

(A) Whenever the Building Commissioner determines that any person, firm, corporation or municipal corporation is in violation or about to violate the Town of Bunker Hill Zoning Ordinance, a cease and desist order shall be served. A written notice, by certified mail, of said violation(s) shall be sent to the offender and the owner of record.

(B) Within ten (10) days from receipt of notice, such offender shall file with the Town of Bunker Hill Plan Commission a verified report showing what steps have been or will be taken to correct said violation.

(C) If no report has been received within ten (10) days from receipt, the Building Commissioner shall instruct the Plan Commission Attorney to proceed with any legal action to abate said violation.

(D) The Plan Commission Attorney shall request to the courts, all attorney fees and a fine of not less than twenty-five dollars ($25.00) and not more than three hundred dollars ($300.00) a day (each twenty-four (24) hours) for each day of the violation exists after the first ten (10) days subject to the provision of IC 36-1-1-8 or Acts amended thereof.

(E) Any person or corporation, whether as principal, agent, employee, or otherwise, who violates any provisions of this Ordinance, shall be subject to the fines and fees as outlined in IC 36-1-3-8 or Acts amended thereof.

(F) The erection, construction, enlargement, conversion, moving or maintenance of any building which is continued, operated or maintained, contrary to any of the provisions of this Ordinance, is hereby declared to be in violation of this Ordinance and unlawful. The Commission or enforcement officer may institute a suit for injunction in the Miami County Circuit or Superior Court of the county to restrain any person from violating the provisions of this Ordinance. The Commission or enforcement officer may also institute a suite for mandatory injunction directing any person, firm, or corporation to remove a structure erected or located in violation of the provision of this Ordinance. If the Commission or enforcement officer is successful in its suit, the respondent shall pay the cost of such action, including reasonable attorney fees to be allowed by the Court. Such action may also be instituted by any property owner who may be especially damaged by any violation of this Ordinance.

(G) The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(H) Any person starting construction or change of use who fails to procure an Improvement Location Permit shall be charged a late filing fee of one hundred dollars ($100.00) plus permit fees.

WHEREAS, THE BUNKER HILL PLAN COMMISSION HAS INITIATED A PROPOSAL PURSUANT TO IC 37-7-4-602 (b), AMENINDING THE BUNKER HILL ZONING ORDINANCE OF 2001; AND

WHEREAS, THIS AMENDMENT WAS DULY ADVERTISED AND A PUBLIC HEARING ON THIS AMENDMENT WAS HELD BY THE BUNKER HILL PLAN COMMISSION AT THEIR REGULAR MEETING ON THE 6TH DAY OF MARCH, 2007 WITH NO REMONSTRATORS; AND

WHEREAS, THE BUNKER HILL PLAN COMMISSION HEREBY RECOMMENDS PASSAGE OF THIS AMENDMENT TO THE TOWN OF BUNKER HILL ZONING ORDINANCE OF 2001.

THEREFORE BE IT ORDAINED, THAT THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, INDIANA HAS APPROVED THIS AMENDMENT AT THE PUBLIC MEETING ON THE 13TH DAY OF MARCH, 2007.

WHEREAS, the Town of Bunker Hill has exercised it's right under I.C. 36-7-4-205 (f) to its two (2) mile territorial jurisdiction and

WHEREAS, certain territorial borders do bi-sect sectional, half sectional and quarter sectional lines, leading to the possibility of certain Land Owners / Developers being in both jurisdictions and

WHEREAS, the Town of Bunker Hill Plan Commission and the Miami County Plan Commission being aware of this and not wishing to create undue hardships, do agree to the following:

BE IT RESOLVED, from this day forward, that should a Land Owner / Developer wish to develop a parcel of land in the jurisdiction of both the Bunker Hill Plan Commission and the Miami County Plan Commission, that the jurisdiction having the majority area of the development shall exercise jurisdiction over the entire parcel.

TYPE OF SERVICE	FEE-CHARGE-EXPENSE

Appeals	$50.00

Area Variance	$50.00

Certificate of Occupancy	$2.00-to be collected at time of application of Improvement Location Permit

Demolition Permit	no charge

Failure to procure an ILP or Late Filing Fee	$100.00 plus Permit Fees

Hardship Temporary Occupancy	$5.00 (See Section 3-3-3)

Home Occupation	$50.00

Improvement Location Permit	$10 plus $1.00 per thousand or any part thereof

Petition for Amendment to Zoning Ordinance Maps	$50.00

Plan Unit Development	$50.00

Special Exception	$50.00

Subdivision	$25.00 per lot

Use Variance	$50.00

ONE STORY DWELLINGS

SINGLE FAMILY----------	900 sq. ft. per unit	ALL DISTRICTS

MOBILE HOMES----------	900 sq. ft. per unit	ALL DISTRICTS*

TWO FAMILY-------------	700 sq. ft. per unit	ALL DISTRICTS

MULTI-FAMILY----------	500 sq. ft. per unit	ALL DISTRICTS
* The Board of Zoning Appeals may grant a Special Exception for smaller size Mobile Homes in a district.

TWO STORY DWELLINGS

SINGLE FAMILY---------	900 sq. ft. per unit	ALL DISTRICTS

TWO FAMILY------------	700 sq. ft. per unit	ALL DISTRICTS

MULTI-FAMILY---------	500 sq. ft. per unit	ALL DISTRICTS

DISTRICT	A1	R1	R3	C/B
FRONTAGE	150	66	66	66

KIND OF DWELLINGS	A1	R1	R3	C/B
Single family with community sewage disposal system	18,000	15,000	10,000	15,000
Single family with individual sewage disposal system	43,560	43,560	43,560	43,560
Multi-family with community sewage disposal system	25,000	25,000	25,000	25,000
Multi-family with individual sewage disposal system	43,560	43,560	43,560	43,560

DISTRICT	MAXIMUM HEIGHT
A1, C/B, I	75 feet
R3,	50 feet
FF, FP,	90 feet
R1	35 feet

USES	FRONT	REAR	SIDE
ADULT BOOK STORE	MINIMUM REQUIREMENTS
ANHYDROUS AMMONIA SALES/STORAGE	300	300	300
ASPHALT PLANT	200	100	100
CAMPGROUND	75	50	50
CEMETERY OR CREMATORY	50	10	10
COLD STORAGE LOCKER	50	25	25
CONTRACTOR STORAGE YARD	75	25	10
COUNTRY CLUB OR GOLF COURSE	75	50	50
DAY CARE / PRE-SCHOOL	50	25	15
EXPLOSIVES MANUF. OR STORAGE	100	100	100
FAIR GROUND	75	75	75
FARM CONFINEMENT FEEDING/HOUSE	100	50	50
FARM EQUIPMENT SALES	50	25	20
FIREWORK SALES AND STORAGE	100	100	100
GOLF DRIVING RANGES	50	50	50
HOSPITAL	50	25	25
HOTEL AND MOTEL	50	25	25
JAIL AND PENAL INSTITUTIONS	200	200	200
JUNK YARD	50	25	25
KENNEL	50	25	25
LODGE OR PRIVATE CLUBS	MINIMUM REQUIREMENTS
MARINA	MINIMUM REQUIREMENTS
MINERAL EXTRACTION	300	300	300
MOBILE HOME COURT	50	25	15
NURSING HOME	50	25	25
OIL WELLS	300	300	300
ORPHANAGE HOME	50	25	15
PET SHOP	MINIMUM REQUIREMENTS
PRIVATE LANDFILL	500	500	500
PRIVATE RECREATIONAL DEVP.	100	50	50
PUBLIC UTILITIES	50	35	40
RACE TRACK (AUTO)	200	50	100
RACE TRACT (HORSE)	100	50	75
READY MIX PLANT	75	35	40
RECREATIONAL ENTERPRISE	50	25	50
RECYCLING PLANT	75	50	50
SALE BARN LIVESTOCK	100	25	50
SANITARY TRANSFER STAT./LIFT STATION	75	50	50
SEWAGE DISPOSAL PLANT	75	50	50
SHOOTING RANGE (OUTDOOR)	75	200	50
SHOOTING RANGE (INDOOR)	50	25	50
SLAUGHTER HOUSE	100	40	40
STADIUM, ATHLETIC FIELD	75	50	50
THEATER (OUTDOOR)	100	25	25
TRAVEL TRAILER PARK	75	25	25
TRUCK SALES AND SERVICE	50	25	20
TRUCK TERMINAL	50	35	30
VETERINARY CLINIC	50	25	25
WAREHOUSE STORAGE GRAIN	50	25	25
WELDING SHOP	50	25	25
WHOLESALE PRODUCE TERMINAL	50	25	25
(5) the following Special Exceptions shall require the minimum lot size
AIRPORT/PRIVATE OR COMMERCIAL	FORTY (40) ACRES
ANHYDROUS AMMONIA SALE/ STORAGE	FIVE (5) ACRES
CAMPGROUND	FIVE (5) ACRES
FARM CONFINEMENT FEEDING	TWENTY-FIVE (25) ACRES
INDUSTRIAL PARK	TWENTY-FIVE (25) ACRES )
JUNK YARD	TEN (10) ACRES
LANDFILLS	FORTY (40) ACRES
MOBILE HOME COURT	FIVE (5) ACRES
PLAN UNIT DEVELOPMENT	FIVE (5) ACRES
PRIVATE RECREATIONAL DEVELOPMENT	TEN (10) ACRES
SALE BARN	FIVE (5) ACRES
SALE BARN FOR LIVESTOCK	FIVE (5) ACRES
SANITARY TRANS. STAT./LIFT STATION	TWO (2) ACRES
TRAVEL TRAILER PARK	FIVE (5) ACRES
(6) The following uses shall be no closer to churches, schools, or residential dwelling than the following distances:
ADULT BOOK STORE	1000 FEET
ANHYDROUS AMMONIA SALE/ STORAGE	1000 FEET
CAMPGROUNDS	300 FEET
FARM CONFINEMENT FEED	5000 FEET
INDUSTRIAL PARKS	500 FEET
JUNK YARDS	1300 FEET
LANDFILLS	1000 FEET
MINERAL EXTRACTION/ STORAGE YARDS	1000 FEET
OIL WELLS	1,000 FEET
PRIVATE RECREATIONAL DEVELOPMENT	500 FEET
RECYCLING PLANTS	1,000 FEET
SALE BARNS FOR LIVESTOCK	1500 FEET
SLAUGHTERHOUSE	1500 FEET
(7) No loading berth may be closer than fifty (50) feet from any residential dwelling.
(8) All areas which are used for outside storage shall be screened or fenced with no less than six (6) foot fence or screen.
(9) No more than one entrance or exit shall be authorized with a use unless approved by the Board.
(10) Buildings within the following areas may be located no closer to interior roads than distance, in feet, respectively prescribed below:
CAMPGROUNDS	50 FEET
FAIR GROUNDS	50 FEET
GOLF COURSE	50 FEET
INDUSTRIAL PARKS	75 FEET
JUNK YARDS	50 FEET
MOBILE HOME PARKS/ TRAVEL TRAILER PARKS	50 FEET
OUTDOOR RECREATIONAL PARKS	75 FEET

PRIMARY USE	PRIMARY ST.	SECONDARY ST.	LOCAL STS.
Lot Line, FRONT	50	35	25
Lot Line, REAR	25	25	25
Lot Line, SIDE	10	10	10
ACCESSORY USE
Lot Line FRONT	50	35	25
Lot Line, REAR	5	5	5
Lot Line, SIDE	5	5	5

PRIMARY USE	DISTRICT

RESIDENTIAL	A1	R1	R2	C/B	FP	FF	I
Apartment			X	X
Bed & Breakfast	S		S	X
Condominium	X		X	X
Dwelling, Duplex	X		X	X
Dwelling, Multi-family	X		X	X
Dwelling, Single family	X	X	X	X
Group House	S		S	S
Halfway House	S		S	S
Hotel or Motel	S		S	X
Mobile Home 16x18	X

RETAIL BUSINESS	A1	R1	R2	C/B	FP	FF	I
Adult Book Store, Massage Parlor							S
Antique & Secondhand Store	S			X			X
Appliance Shop				X			X
Bait & Gun Shop				X
Bicycle Shop				X
Boat Sales				X			X
Books & Stationary				X
Camera & Photo Shop				X
Clothing Store				X
Department Store				X
Drug Store				X
Electric Supplies				X			X
Fireworks Business							S
Florist Shop				X
Furniture Shop				X			X
Gift & Novelty Shop				X
Hardware Store				X			X
Jewelry Shop				X
Liquor Store				X
Lumber & Building Material				X			X
Mobile Home Sales							X
Monument Sales				X			X
Office Supplies				X
Pawn Shop				X
Paint & Wallpaper Store				X			X
Pet Shop				X			X
Plumbing/Heating/Air				X			X
Shoe & Leather Shop				X
Sporting Goods				X
Variety Shop				X
Wholesale Warehouse				X			X

FOOD SALES	A1	R1	R2	C/B	FP	FF	I
Bakery Shop				X
Candy/Nuts/Confectionery				X
Catering Service				X
Candy/Nuts/Confectionery				X
Catering Service				X
Dinner Theater				X			X
Drive-In Restaurant				X
Fast Food Restaurant				X
Grocery Store				X
Health Food Store				X
Restaurant				X			X
Supermarket				X			X
Meat Market	X			X			X

AMUSEMENT & RECREAT	A1	R1	R2	C/B	FP	FF	I
Bar & Lounge				X			X
Billiards/Pool Hall				X			X
Bowling Alley				X			X
Campground	S			S	S	S	S
Country Club/Golf Course	S			S	S	S	S
Dance Hall	S			S	S	S	S
Fairground	S			S			S
Golf Driving Range	S			S	S	S	S
Lodge/Private Club	S			S
Marina	S			X	S	S	X
Miniature Golf Course	X			X		X	X
Museums or Art Galleries				X
Private Recreational Development	S			S			S
Race Track (automobile)	S			S		S	S
Race Track (horse)	S			S		S	S
Recreational Enterprise	S			S
Seasonal Lodge	X			X		X	X
Shooting Range (indoor)				S			S
Shooting Range (outdoor)	S						S
Skating Rink				X			X
Stadium/Athletic Field	S			X			X
Swim Pool (commercial)				X
Tennis Court	X		X	X	X		X
Theater (indoor)				X			X
Theater (outdoor)	S			X			X
Travel Trailer Park	S			S		S	S

PERSONAL SERVICES	A1	R1	R2	C/B	FP	FF	I
Accounting/Auditing	HO	HO	HO	X
Auctioneer Office		HO	HO	HO	X
Bank & Finance Service				X			X
Bondsman	HO	HO	HO	X
Bookkeeping	HO	HO	HO	X
Dance Studio				X
Employment Service				X
Insurance Broker				X
Interior Decorator				X
Law Office				X
Music Lessons	HO	HO	HO	X
Photo Studios				X
Professional Office	HO	HO	HO	X
Stockbroker Office				X
Travel Agent				X

MISCELLANEOUS SERVICES	A1	R1	R2	C/B	FP	FF	I
Barber Shop	HO	HO	HO	X
Beauty Shop	HO	HO	HO	X
Coin Operated Laundry				X
Day Care	S	S	S	S
Electrical Repair Shop				X			X
Equipment Rental				X			X
Funeral Parlor/Mortuary	X			X
Kennel	S			S			X
Printer or Copy Shop				X			X
Radio/TV Repair				X			X
Reducing or Health Spa				X
Road Side Stand				X			X
Shoe Repair				X			X
Upholstery Shop	HO	HO	HO	X			X
Video Sales/Rental				S
Watch/Jewelry Repair				X			X

MEDICAL SERVICES	A1	R1	R2	C/B	FP	FF	I
Ambulance Service	X	X	X	X			X
Blood Bank				X			X
Clinics				X			X
Convalescent / Nursing Home			S	S
Doctor Office				X			X
Eye Clinic				X			X
Hospital	S	S		X			X
Medical/Dental Labs				X
Rehabilitation Services				X			X

GOVERNMENT SERVICES	A1	R1	R2	C/B	FP	FF	I
Government Buildings				X			X
Highway/Street Department				X			X
Jail/Penal Institutions				S			S
License Branch				X
Police/Fire Station	X	X	X	X			X
Postal Service				X			X
Public Parks	X	X	X	X	X	X	X
Public Utilities	S	S	S	S	S	S	S

NON_PROFIT ORGANIZ	A1	R1	R2	C/B	FP	FF	I
Business Association				X
Charitable Organization				X
Church/Temple	X	X	X	X		X	X
Civic Social Center				X
Labor Union Hall				X		X	X
Political Organization				X			X
Religious Organization				X
YMCA/YWCA				X

EDUCATION SERVICE	A1	R1	R2	C/B	FP	FF	I
Art/Music School				X
College				X
Elementary School	X			X
High School	X			X
Junior College	X			X
Libraries		X	X	X	X
Pre-School	S	S	S	S
Trade/Business School	X			X

AGRICULTURAL USES	A1	R1	R2	C/B	FP	FF	I
Commercial Greenhouse	X			X		X	X
Farm Confinement House	S
Farm Equipment Sales	S			X			X
Farm General	X	X	X	X	X	X
Hay/Grain/Feed Store	X			X			X
Plant Nursery	X			X			X
Roadside Produce Sales	X			X
Sale Barn for Livestock	S			S			S
Veterinary Clinic	S			S			S

INDUSTRIAL USES	A1	R1	R2	C/B	FP	FF	I
Advertising Structure				X			X
Anhyd./Ammonia Sales	S						S
Asphalt Plant (Temp or Perm)	S						S
Auto Body Shop				X			X
Auto Car Wash				X			X
Auto Hold Area				X			X
Auto Sales & Service				X			X
Auto Truck Sales				X			X
Cemetery or Crematory	S
Cold Storage Locker	S			S			S
Comm. Livestock Breed	X
Commercial Parking Lot				X			X
Contractor Storage Yard	S			S			S
Explosive Manufacture/Storage							S
Fuel/Oil Dealer	X						X
Ice Plant				X			X
Industrial Park							S
Junk Yard							S
Laundry Plant				X			X
Linen Supply							X
Liquefied Petroleum Storage							X
Mineral Extraction	S						S
Mobile Home Court	S			S
Motorcycle Sale/Service				X			X
Oil Well	S				S	S	S
Parking Garage				X			X
Plan Unit Development	S			S			S
Private Landfill	S						S
Ready Mix Plant	S			S			S
Recycling Plant	S			S			S
Sanitary Transfer Station	S						S
Sewage Disposal Plant	S						S
Shopping Center				X			X
Slaughter House	S						S
Truck Rental				X			X
Truck Sales/Service				S			X
Truck Terminal				S			X
Warehouse Storage				X			X
Warehouse Storage Grain	S			X			X
Welding Shop	S			X			X
Wholesale Produce Terminal	S			S			S
Wrecker Service				X			X

Tower	A1	R1	R2	C/B	FP	FF	I
Microwave Disk				S
Phone/Cell				S
Radio Transmitting				S
Television Transmitting				S

Leslie H. Briggs Leslie H. Briggs, President Bunker Hill Plan Commission		James Denham James Denham, President Miami County Plan Commission

ATTEST:		ATTEST:


Linda L. Garber Linda L. Garber, Secretary		James Poor James Poor, Secretary

DISTRICT	A1	R1	R3	C/B
PERCENT OF COVERAGE	20	60	60	75